City of Portsmouth, New Hampshire 2022 - 2024 City Council, 3 Oct 2022

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From YouTube: 10.3.2022 City Council

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10.3.2022 City Council

A

Welcome everyone uh before we get started I'll await the motion to uh close the non-public and.

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To seal the minutes seconds, all in favor aye uh and now, uh if we could have a a roll call.

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Here, councilor tabor here counselor denton, here, council moreau here, council bagley.

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Here, council lombardi here console blaylock here, councilor cook here.

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Thank you, kelly welcome and um before we stand for the pledge of allegiance, so just.

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Like everyone uh to hold in their hearts uh for a moment of silence for the victims of hurricane.

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uh Ian, uh it's uh there's a lot of folks uh in our region uh that that make it down uh there.

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To florida and what we've seen from there has been uh truly devastating so a moment of silence.

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Please join me: uh the pledge of allegiance.

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I pledge allegiance to the flag of the united states of america and to.

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The republic for which it stands, one nation, under god, indivisible with liberty and justice for all.

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Right we have two proclamations uh this evening. First is breast cancer awareness month.

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Whereas the nation is observed breast cancer month since 1985 to call attention to a cancer that.

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Touches so many lives and may affect nearly 350 000 women in the u.s this year and whereas this.

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Month is a time to celebrate the fact that there is now a 90 five-year survival rate for all stages.

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Of breast cancer and to support continued research and treatment efforts, while one in eight women.

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Still develop breast cancer at one point during her lifetime and whereas there are more than 3.9.

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Million survivors of breast cancer in the united states and thanks to improvements in treatment.

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The number of breast cancer survivors is expected to increase, meaning those survivors will live for.

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Many years after their diagnosis and whereas increased breast cancer screening increases.

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Early detection reduces death, increases, life expectancy decreases late stage, cancer diagnosis.

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And increases survival rates and whereas the american cancer society, susan g, komen, for a cure.

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And the go pink october campaign is designed to raise awareness of advocate funding for research.

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Promote early screening and honor those affected by breast cancer and whereas we salute all the.

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Women among us who have courageously fought their battles and continued unflagging efforts by those.

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Committed to the prize of ending cancer in our time now, therefore, I diego mccarran mayor of.

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The city of portsmouth, on behalf of the members of the city, council and citizens of portsmouth,.

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To hereby proclaim october 2022 in portsmouth new hampshire as breast cancer awareness month.

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Given with my hand, in the seal of the city of portsmouth, on this third day of october, 2022.

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Thank you and do we have? We will mail that out to the those that are.

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um And do we have uh members from haven here tonight we do okay, um so um we're also celebrating.

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uh And raising awareness of domestic violence awareness month, uh whereas october was declared.

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National domestic violence awareness month in 1987, because domestic violence is prevalent in every.

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Community and affects all people, regardless of age, socioeconomic status, sexual orientation, gender.

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Race, religion or nationality, and whereas we know, sadly, that every minute an average of 20 americans.

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Experience domestic violence, 10 million americans, including millions of of children a year and that.

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One in every three women and one in every four men suffers from domestic violence in their lifetime.

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And whereas all domestic violence and incidents affect every person within a home with long.

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Lasting negative effects particular on children's emotional well-being and their social and academic.

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Functioning and whereas here in portsmouth, since 2015, when a safe place and sexual assault support.

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Services officially merged into one non-profit organization haven has provided support services.

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And prevention, education to those impacted by domestic and sexual violence. And whereas we.

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Share vision, we share vision of haven to end violence and change, lives and applaud their.

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Strong history of producing positive results, along with our own police department, schools and health.

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Care providers who are our own centuries on the front lines of looking out for possible victims.

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Of domestic violence, and whereas we want to remind everyone that confidential local help is available.

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24 hours a day at the haven, violence prevention and support hotline 603-994 safe now there.

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4I, diego mccarron mayor of the city of portsmouth, on behalf of the members of the city council and.

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Citizens of portsmouth to hereby proclaim october 2022 in fort smith as domestic violence, awareness.

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Month and call upon the resident support smith to learn more about this problem, the.

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Help available to victims and how to be part of the solution to ending the strategy given with.

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My hand in the seal of the city of portsmouth on this third day of october 2022. I would ask.

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The members of haven to come up and I'm going to be proud to pass along this proclamation.

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Thank you very much.

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B

Next up, um there's one typo in the the next uh recognitions and volunteer committee reports.

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um And that typo is mine because I make the agenda uh and so but it says, recognition of.

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Former state representative, laura penalakis, uh her term does not actually end in december, so.

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We can't call her former yet, but I am so proud and honestly this is uh this is one of the things that.

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um It's just cool um uh on behalf of the entire city of portsmouth, I get to say thank you uh to.

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My friend to somebody, I've looked up to my entire life for her 44 years of service to our city as a.

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State representative, there are so many people with so many thoughts about politicians and I.

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Just wish that everyone could sit in in laura's living room and talk about why she she serves the.

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People- and this is servant- leadership she's served us for 44 years and, as I said in the vestibule.

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um The uh it's not about the fact that she's uh served her 44 years in the state legislature.

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She's served on this deus. She actually started the the fire commission. um It's all about the.

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Quality of work uh that she's produced uh and you're only good as a legislature.

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Is if you have the respect of those that you serve alongside with certainly in your party but across.

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The aisle as well and laura was and is remarkably effective uh at just cutting through the bs and.

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Getting uh getting good legislation done for the residents of portsmouth, the residents of.

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Of my neighborhood and it's uh it's something else: we're not going to see anything like it.

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I can't imagine seeing anything like it, so I have some gifts for you in here and I would.

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Just like to call out uh two of them: uh first, is uh I'm gonna come down and give it to you.

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It's the it's, the seal of the the city of portsmouth and our challenge coin: the city.

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The open door uh laura you've, kept the door open for for so many people across. So many.

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Walks of life uh that that I hope that one of your grandkids steals this and brings it.

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Into school and tells the the teacher and show and tell uh everything about it and the second.

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um You've done a you've done a great job of of holding the door open for for other people. So.

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We have this, this door stop uh made uh city the open door um just as a uh a reflection, all the.

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Hard work that that you've put in, I don't expect the hard work uh to stop. But uh when you prop.

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Open uh the door uh remember that uh the city of portsmouth uh is behind you and and has uh very.

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Much cherished all the work uh that you've done uh on behalf of us, so I'm going to come down and.

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Give you this and if you want to say a few words, uh the the we're not putting the timer on for you.

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C

I'd like to thank the city council for doing this, and, secondly, I'd like to say that.

D

I've had three honors in my lifetime. First with my kids, the second was my children.

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I mean my grandchildren and great-grandchildren and then the honor of the people in portsmouth.

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Sending me to concord- and it was a nod to me it- I felt the same way this.

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Past september, when we went for veto day, because I did the first day I walked, and I.

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I was very proud a little clam digger for me in the state house in new hampshire and I loved it.

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And I really thanked the people for honoring me. It was my honor to serve them. Thank you very much.

D

I'll say first, that uh you know, however, you're raising your kids.

B

I need to take a couple of notes, no way kiernan or a really we're going to sit.

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As quietly as your children, so thank you. Thank you. Have a great night guys.

A

Nothing to say all right: let's go that's hilarious.

E

All right: well, we are.

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uh I forgot uh for the acceptance of minutes, uh so I'd wait. A motion to approve the acceptance.

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The minutes of the august births, 2022 city council meeting so moved. Second, all in favor.

D

Aye, all right and now uh we are on to I can't go oh we'll get the sheet for public comment.

D

B

Okay, kelly all right.

B

All right: first, we have uh mark brighton uh with the topic of far away galaxy. Look at this off mark.

D

Galaxy far far away and a long long time ago, attorney.

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Bob sullivan would give a good talk. A great talk on conflict of interest.

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uh Now I can only paraphrase it because it was a substantial talk, but what he said in.

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Essence was that if you even think you have a conflict, then you shouldn't vote on it.

D

Twice now arthur clow and I have filed ethics, complaints against uh assistant mayor joe kelly.

D

First was outdoor dining in which you have a very vested interest, and the second was a gift.

D

Of parking uh to strawberry bank, on whose board you sit, this isn't personal I'd like.

D

You and I consider you a friend but my god, woman you've got to get a grip on yourself.

D

In each case, you asked uh bob uh what you should do, and so you knew you had a problem.

D

At the end of his spiel uh sully would say uh you shouldn't vote but as always, it's up.

D

To the individual, in each case you chose the unethical. uh You made the unethical choice.

D

Not sure how you uh live with these choices, but as a friend I'm worried about you.

B

Thank you mark next up uh irish mike uh park in downtown uh trump uh flag waving. I think this is.

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Irish mike here right there in irish or mike, would you mind just stating your your actual.

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Name for the yeah, oh yeah, everybody knows me it's iverson mike, but I actually am a michael herron.

F

And a live enforcement on archer street. We were here a couple of weeks ago about the flag waves.

F

In prescott park- and I I think, there's been maybe five or six things in the papers saying trump.

F

Supporters in the park is an issue. Well, it's not an issue. They the past ordinance downtown where.

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You have to hold your signs and hold all your flags. You can't have anything uncertain property.

F

There's a occupy portsmouth has violated that order. Four.

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Four times the police have down there to address them and and.

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All the times markers been at the park and all the times have been downtown. I've never had an.

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Issue once with the police not once have they come to address what I've been doing, but it's.

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So far, the the path in ordinance you can't have ends in the sidewalk. You can't have anything on.

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Saturday, property occupy portsmouth has violated all those ordinance. I've never I've yet to see.

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Anything on the paper about them: I've yet to hear a city council to address those issues.

F

About about two months ago, two young girls went down to town; they they didn't, have the.

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The weren't partly occupied by porsche, but there wasn't there for trump. They had two two signs. It's.

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In it, can we all get along how about we free hubs or something they got harassed so much so.

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Bad two weeks in a row the second week in a row they were in tears. They left because the people.

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Of archive by portsmouth, and if you have to hear the council address those issues, they're.

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Hateful and they're, hateful and nasty, and if if the city council is going to address that.

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Trump people in the park they need to address that issue because they're hateful and that's.

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If you don't agree with the ratio, I don't have a problem with it being there, but there's no reason.

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To be nasty about it and they're very nasty, and I think it should be addressed. Thank you.

B

Thank you mike uh next up is sue polodora on the top topic of audit committee, etc.

G

Hi sue polydora middle street from portsmouth, and I'm just gonna put a few things together.

G

Since the public comment is not allowed on your third reading,.

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The other committed ordinance- I just thought I'd.

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Come to public comments, and um just let you know that I think that there is very problematic.

G

To have an ordinance when you have three city councilors and three members of the community, I'm.

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Just concerned, what's going to happen, if you have a tie vote what's going to happen, if you can get.

G

A resolution or an agreement between them who's going to cast the deciding vote with the chair.

G

Step down and not vote, it's very ambiguous away is reading right now and to be honest with you, it it.

G

All I read in in that ordinance is that eventually you want to go, get a do away with this committee.

G

For some odd reason, that's what it sounds to me. It said it's not clear, it's very confusing and then.

G

There is also a recommendation that I don't see it in tonight's agenda, but it's a recommendation.

G

From the governor's committee and uh that it will be coming to you for first reading at some point.

G

Soon, this recommendation does not commit to change an audit firm or firms, even though it might seems.

G

Like it does it instead suggests that changing the makeup of the other team within that firm.

G

Is equivalent to changing the audit firm, it does not, by any stretch of the imagination.

G

People are not going to take it like. That is something that has been written on this. I.

G

Don't know what to call it if it's going to be an ordinance or a clarification of what, but it.

G

Does not change the audit firm by just changing changing the chairs within the organization.

G

um You will still have to a group of people working with the same company that will report.

G

The same findings as the previous 27 audits that they have done with the city. This is not.

G

Transparency by any any set definition of the word, we need a new slash, different set of eyes. Looking.

G

At our financial reports, the city of portsmouth should expect that from you, you should expect.

G

That from yourself to 27 years, you are not going to do anything other than just put more roadblocks.

G

How is that going to benefit? Anybody doesn't benefit? The cities doesn't benefit the staff.

G

That they're being looked at with some kind of uh shadowy representation when there's probably.

G

None but after 27 years I spoken with many people who had high positions in the financial industry.

G

Nobody keeps a firm for more than seven years for obvious reason: the city shouldn't either. Thank you.

G

I beat the perfect timing right under the the wire.

B

Thank you sue next up is chris white on the topic of the audit committee.

H

Hi I'm chris white, uh currently the chair at the audit committee. I live at 28 porter.

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Street. Thank you mayor mceachern and the city council for the opportunity to speak.

H

I am amazed at the lengths to which you and the city staff will go to amend last year's ordinance.

H

One spot 414 audit committee- all this seems to be to make the audit committee more agreeable with.

H

Your notion of how an independent auditor should be found- I say: if it ain't broke, don't fix it. The.

H

Previous ordinance wasn't perfect, it was created with loss of blood, sweat and tears, but it did work.

H

Earlier this year, for example, earlier this year, the audit committee received two proposals.

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One from malinson and one from cla by his own admission, councilor tabor, said cla was technically.

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Superior on his face, the cla proposal was about 10 percent more expensive, but on an apples to apples.

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Basis, the cla staffing horsepower far exceeded melansons and was therefore in actuality, cheaper.

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The auto committee voted 3-0 in favor of cla, the two councilors tabor and cook.

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Abstained for reasons that, to this day, I find confounding inventive and laughable.

H

I, as chair, was never permitted by staff or the city council to fulfill my legal duty.

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To recommend the auditor, the auto committee could never state in closed session with you.

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Or publicly that we recommended cla over melanson. The funny thing is that it was.

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Your legal option for you, the council, to accept our recommendation, hear it and then do whatever.

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You wanted with it. Instead, you subjected us to a twisted process that would make a pretzel proud.

H

And you chose melons and not cla fine. That was your prerogative, but it was as if you were.

H

Embarrassed to do so and had to blame me or the audit committee for why you couldn't choose cla.

H

With such a lack of courage, you have created a real mess.

H

I say stand up for your decision. Don't blame others don't be a victim, provide leadership.

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Tell the public that you would go against the audit committee recommendation and hire.

H

The same auditor for the 27th year and then take the consequences. Do these things instead of this.

H

Ridiculous convoluted rabbit hole, charade that yields only more of a mess. Good governance, ohlone.

B

Thank you chris next up is francis cormier on the topic of prescott park.

D

Francis call me or melbourne street portsmouth, um I noticed she put up a picture on the.

D

On the building there um in prescott park what your plans to uh completely renovate the park, I.

D

Like prescott park, the way it is to me it's good enough, but uh um it seems like you want to spend.

D

A lot of money you know, transforming the park and all under the guise of the ocean's rising. If.

D

You take a walk down mechanic street right next to gino's chowder house, there's a little red building.

D

There, like a little bond- that's a boathouse that was put there, so you could pull a boat out of the.

D

Water during an astronomical high tide and the way it is today and that's been there for probably a.

D

Hundred years, the way it is today, you could still just barely pull a boat out of the water into the.

D

Boathouse at an astronomical high tide and and um this whole idea of the rising ocean did that did.

D

Anyone ever talk to you know certain families that have been lobstering on that river for generations.

D

And they'll tell you: the water level is the same as it's been back in the in the early 60s.

D

And I was talking to a man today who who's been in his 80s and he used to work at the navy yard and.

D

He talked about the granite steps at prescott park. There's those granite steps going down into the.

D

Water he says they're right. The the water level is right where it's always been, so it seems like.

D

You always got to have an excuse to spend millions of dollars when, when evidence is evidence, contrary.

D

To what we're getting from the federal government telling us that the ocean's rising, I I think it's.

D

Easy to look into when you can get pictures of uh the launchings of the thresher back in the 60s and.

D

You can see the high water mark on the shipways, and all all that is is would be evidence to me.

D

Instead of spending money, all this millions and millions of dollars, which is unnecessary.

D

And if the oceans rising, why did president obama spend 15 million dollars to buy a camp lot? That's.

D

Right at sea level in martha's vineyard, if it's going to be underwater in 10 years,.

D

Because he knows it's a hoax, he knows it's baloney because he was.

D

President, it's a manipulation tool to lead the people. Thank you, francis.

B

Next up uh peter huda on the topic of audit committee.

G

Good evening, mayor city, council, peter huda, 280, south street.

G

Since there was no public hearing, even though you removed over two-thirds of the original audit.

G

Ordinance, I will address the significant changes made by the city council before the last meeting.

G

One removed the statement: all members shall be independent of city management and the auditing.

G

Firm and need to maintain their independence in the through the duration of their term.

G

Why did you remove this statement considered best practices by the gfoa? Why did you remove.

G

Any reference to the items to the terms of volunteer citizens defining members terms is.

G

A standard practice on every other board and every other committee, except for the audit committee. Why.

G

Next part, after adding another city, councilor then dictating to only the audit committee.

G

That, with a city councilor selected by a majority vote of the voting members of the.

G

Audit committee should be chair. No other committee is dictated to have a city councilor as chair. None.

G

Why is there such a blatant bias by this city council to have the audit committee.

G

Operate under different set of rules than every other board and committee.

G

The majority of the boards and committees are chaired by volunteer resident experts.

G

Selected by members of that committee, based on that member's level of knowledge and expertise.

G

Even the draft of the new park committee that was discussed by the governance committee on wednesday.

G

States the park committee shall be chaired by a member of a local arts community.

G

Yes, a volunteer with expertise in that area. I'm like the audit committee, I would ask, are.

G

All boards and committees going to be dictated by this council to have a city councilor as.

G

Chair or where the chair of the committee has more expertise than the city staff and.

G

The city council, enabling the management staff to continue to interfere in the entire process.

G

And insert himself into every step, you need more examples of boards and committees. I've got them.

G

Look at the most recent audit committee example, the posted latest rfp was materially changed.

G

But was not even discussed or reviewed that the audit committee before posting.

G

Since all of your other attempts to remove the audit chair did not achieve the desired results,.

G

You have put this bias out for all to to be displayed for all next part b. The aaronic.

G

Addition of the audit committee will be able to retain the services of professionals as necessary.

G

What a flip-flop! And, if I believe, if I was correct, mr mayor, you and two other counselors.

G

uh Were part of the first hacking of this to authorize the audit committee to engage in.

G

Services of financial experts to fulfill their duties, stating it would give the audi committee.

G

Too much power but now magically it reappears, so management can hire outside consultants when the.

G

Regis, when the resident volunteers are for free, so please bring back the resident and taxpayer.

G

Confidence by showing us the city council is not singling out the audit committee with this.

G

Blatant bias to keep the old status quo by maintaining full maintained for 27 years, so.

G

Mr mayor, how do we get to yes for the residents and taxpayers? I ask you to to put this back and.

G

Consider exactly what is happening here. This is setting a precedent for all our committees. Thank.

G

You thank you petra next step. We have eliza hewitt on the topic of the audit committee.

G

Good evening my name is liza hewitt and I live at 726 middle road. I'm here to speak about the.

G

Revisions to the audit committee being voted on tonight, I'm very happy to hear that you.

G

Have rethought the idea of removing the resident members from the audit committee, I'm also happy to.

G

Hear that the resident members of the audit committee will retain their ability to vote.

G

Considering removing the ability to vote on the committee by the only members of the committee.

G

That have any background in finance didn't make much sense. But now we come to the idea of adding.

G

A third city council member to the committee and making one of the counselors, the chairperson.

G

The revisions to the ordinance in tonight's packets state, that quote the audit committee.

G

Members who are not city councilors shall possess experience and finance accounting, auditing and or.

G

Financial management and reporting end quote: I see nowhere in the ordinance revision, a description of.

G

The qualifications and finance ability necessary for city councilors to sit on the audit committee.

G

Could this be because none of you, the current counselors, have financial experience.

G

So if you apply the same qualifications, you are requiring for resident members.

G

To the city councilors, there would be no counselors on the committee at all.

G

The question becomes, why is it necessary to add yet another counselor with no financial background.

G

To the existing structure and then to make one of the counselors, the committee, chairperson.

G

I will not say this is a stupid idea. I will just say it's not very bright.

G

Tonight do not vote in favor of increasing the number of city council members on.

G

The audit committee from the current two counselors to the proposed three counselors.

G

Do not vote to require the audit committee chairperson to be a city councilor.

G

Do not vote in favor of the proposed audit committee ordinance changes as proposed. Thank you.

G

Thank you, eliza. Next up, esther kennedy on the topic of.

B

It I can't read it sir: okay.

I

Esther kennedy 41 pickering, f. First, I want to thank.

I

I read up about the skateboard park. I had a nice conversation with the mayor and I'm her interested.

I

In hearing what mr blue councilor blaylock's gonna have to say, but I'm glad to hear from the.

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Mayor that we're going to be breaking ground in spring of 2023., second, we've had a rash of issues.

I

In our cemeteries, and I would like to know what it will take to put cameras up in the cemeteries.

I

Especially in some of our more historical areas of our cemeteries. To make sure that.

I

We can monitor and watch what is happening to the precious history that lies there. I know how much.

I

It takes to put cameras up on a marina, and it's not very much so. My question to all of you is.

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What do we need to do? Do you need citizens help or do you? Can you get it so it can happen. So we.

I

Can monitor these cemeteries and make sure what happened that was on wmur, so everyone could see it.

I

um To the gravestones does not happen again, so I implore you to do that last. The audit committee.

I

I guess I have to ask: what are we covering up?

I

I know citizens are asking that and watching us speak week after week.

I

Time after time on the audit committee and when I looked at it and read it, I was really perplexed.

I

That in there it does not say that we need to go out to bid to groups new organizations. It.

I

Says that every five years you are going to look and make sure that the current audit committee or.

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Audit group that you've hired just switches people around within their own organization.

I

And that's not what it's about it's time to change it up! Folks, it's time to put it out.

I

There to bed and if we don't put it out there to bed and we go with the same firm, then we have to.

I

Ask his citizens what's happened in the last 27 years that we don't want people to know about. We.

I

Have to ask that question I, as a citizen and other citizens, need to ask that question. So I encourage.

I

You to think of your look at your language and I agree ask why you have to have three.

I

Counselors on it, it's going to come to you folks, anyway, for nine of you to vote on the decision.

I

It was enough so again, what are we trying to cover up? Thank you.

B

Thank you, esther next up, arthur clow, the topic of it's all in the resume.

D

Hello, arthur clow, 431 pleasant street as part of my job because of the level that I'm at in.

D

My organization, I do resumes not resumes but interviews of people, and sometimes I come across.

D

A resume that I realize had some problems with it. If any of you are interviewing somebody for.

D

A job- and they lied on your resume. How many of you buy show of hands would not hire the person.

B

For the record, nobody raised their hands. This is not an interactive uh question.

D

You're interacting right now: okay, as the chair of the meeting, I'm telling you the.

B

Rules of engagement you're not here to you're here, to share your thoughts. Okay,.

B

Can we restart the time I won't ask any more questions, rhetorical or otherwise.

D

Beverly mesa zent deputy director of the planning department director. I may have that position wrong.

D

She claims that she worked for the city of redmond until january of this year. You put it.

D

In your press releases it's on her linkedin page, then can you explain to me why, for the city of.

D

Windham new hampshire, she was hired in august if of this year. If she was working in redmond.

D

That's what we call a resume no-no.

D

If you all you have to do is go to city of windham site, look for her name and you can find her in.

D

A similar position for that city now you would think somebody applying to the city of portsmouth.

D

If they were going to come here would have some in-state experience and if they did, they would.

D

Certainly want to share it with the public and with the city, and I noticed that the city manager.

D

Nodded her head that, yes, she worked at the city of redmond until january. She agreed by nodding.

D

This is not true, you have somebody who lied on their resume. It's a pretty high position.

D

This is the kind of of problem that we have with the city management and the city council.

D

We can't count on your ethics. I mean we kind of know why. One of the reasons why you you.

D

Keep cherishing the same audit field is because there's nobody an accountant, but the accounting.

D

Who can really do the end of year, so they, the audit company, comes in and that's how you get.

D

Your cafe report, in fact it's even in your rfp, that you need them for the cafe report.

D

I don't know uh what we can do about this council and their lack of ethics, but, regarding this resume.

D

I'm not upset that you lied to me. I'm upset that from now on, I can't believe you beverly mesa's end.

B

Arthur thank you. Next up, we have fred orlando on the topic of the park.

H

Thanks fred, orlando I've lived in portsmouth for a little over six years, and one of the.

H

Many things that I love about this place is the high level of tolerance and a low.

H

Level of prejudice and and how you guys embrace the states live free motto with.

H

Regard to tolerance, I think prescott park is a center, where that's often demonstrated.

H

My concern is with the recent issues that have been raised about the flags at prescott park.

H

From what I can tell and try and inform myself about the issue by reading about it and visiting.

H

The park it seems to me that there is no lack of respect. There is no disruption, and I see it.

H

As one of the nice things about this place, that there is a platform for a free exchange of ideas,.

H

And I think that that's the way it should be looked at um prejudice means pre-judging and our.

H

Society has gotten a lot better at not pre-judging people based on their skin color or their.

H

Stated sexual orientation, but I think we're getting a little bit worse about prejudging.

H

People, maybe by the police, uniform they wear or the political flag or button that they may wear or.

H

Wave- and that concerns me, especially here where I think we champion the free exchange of ideas.

H

So I just implore you folks, who are in charge of keeping this the city of the open door to.

H

Kind of keep our emotional reflexes in check and when we see signs where maybe the content.

H

Triggers a feeling in us that we look at it not as a not as what the content of that flag or sign.

H

Is but it's a flag of exchanging our ideas, which is a great thing that we do here and I hope that.

H

You folks do everything you can to look at those flags, just as that that they champion the exchange.

H

Of ideas and and not let the content influence what seems to be happening at a low level here.

H

I really love it here and I thank you for what you do. Thank you, fred.

B

Next up nancy pearson on public art policies,.

J

Good evening, um hello, mayor and assistant mayor and welcome a new city attorney, you're, probably.

J

Not new for you but you're new to me. um I before I begin, I just wanted to thank this council for.

J

Accepting the bench donation for vernon, I want to particularly thank the mayor and councilor.

J

Blaylock, who spoke at the bench, dedication councilor moreau. I saw you there counselor.

J

Cook, I saw you there as well. His family was so touched and so overjoyed and so proud of what this.

J

Community did for him and having you there was so special. So thank you for that. um But tonight I.

J

Want to talk to you about the thing in your packet that pertains to the revision of some of the.

J

Public art policies that the governance committee has has created for you and I'm I'm in support of.

J

The updates, because, well really, for two reasons: one- is that nancy carmer, who knew everything.

J

There was to know about public art in portsmouth has gone and, with her has gone, that knowledge and.

J

The cultural commission, which was art, speak, which managed all of those policies, is also no longer.

J

Serving the city, so they were in need of an update in the in the committee. The governance committee.

J

Went through them all the policies with a fine-tooth comb to make sure that art acquisitions.

J

And referrals and funding opportunities and things that came our way wouldn't start falling through.

J

The cracks which I suspect some things might be in the pipeline because we don't we don't have any.

J

Mechanism anymore, so um I'm intrigued by the idea of in lieu of art speak um this idea of having a.

J

Public art committee and the makeup is the same as it as it already exists in the existing ordinance.

J

That the city already follows it's just, instead of being a committee under artspeak it'll, be its.

J

Own committee, I I think that's an intriguing idea. I don't think that there's a better idea right now.

J

Because I know you have projects that are waiting for this kind of approval, so I hope that I hear a.

J

Really interesting and lively dialogue and I hope that overall, you accept these recommendations.

J

Because portsmouth public art is part of our personality, it's part of our history. It's part of.

J

Our future, so thank you for sharing and assistant mayor, I'm sorry. You were spoken to um so rudely.

J

Earlier and on behalf of everybody who listened I'm sorry, you had to hear that. Thank you. Nancy, hey.

B

You don't need the comments from the peanut gallery next up mark from the park mark runner.

D

Good evening, city council welcome miss morrell.

D

um Yeah, I believe that you as a city council, no sir, just for the record name name and mark brenner.

B

And mark from the park elliott, maine thanks. I believe that you, the city council, just approved.

D

Phase one of the transformation of the park, speaking with many of the residents of portsmouth.

D

They seem not to know about this 15 to 17 million dollar uh transformation from five years ago.

D

And they have no idea so five years ago there was a set cost or- and I uh there.

D

Was a cost, but it's three times that now and now you want to move the shaw building.

D

And, rather than move it, I don't know why you just don't put it up and raise it. It'd be a lot cheaper.

D

Much cheaper but you're going to move it now to the street area and you don't have enough money.

D

Now, to do anything with it, it's just going to sit there empty. It makes no sense. It's just stupid.

D

All right so anyway, today's dollars is three times. I never saw anybody come back and say well.

D

The cost of moving this today is going to be this. I don't think I ever saw that so I'd like to know.

D

What's going on here and uh and and the taxpayers should know about this, I think you should send it.

D

Out with the with the tax bills- and so everybody knows what's going on in this city- because nobody.

D

Seems to know and you're going to transform that park like there's no tomorrow you're taking down.

D

Trees, you're, taking out the parking lot it goes on and on. All you got to do is fix up the fencing.

D

Fix up all the walkways or change the fencing fix, the walkways.

D

And it's a beautiful park: why do you want to change it anyway? What else.

D

Oh okay: let's go to the auditors all right! First of all, those are.

D

Three independent auditors that are highly intelligent have many years of experience.

D

And the the well-educated and and banking finance accounting, what you? What have you and you want to.

D

Get rid of them! Well, why do you want to get rid of them? Well, you first want to get rid of them.

D

But then because you might have to put the outside auditor out to bid, you want control.

D

So what you're doing is you're putting three of you who know nothing about some of this stuff.

D

Onto a committee, that's not how it should work. Those three auditors should be independent from.

D

All of you, and then they report to all of you and that's the way it's supposed to go, I'm not putting.

D

Three of you on a committee: that's ridiculous, where's, the um independence. There is none foreign.

D

I'm sure you all have seen the black lives matter painted in the historic district at.

D

244 marcy, in fact miss cook you're right in that neighborhood, you probably walk by it all.

D

The time nobody seems to say anything about that. That's, okay, but my flags aren't okay,.

D

So, what's going on with that, all right? uh How about the drag queen.

D

Shows at the uh restaurant over here with they're doing it in front of children.

D

And they're they're just prepping our children for the wrong things, and you allow this to happen. It's.

D

Happening in two venues: it's in the restaurant uh on pleasant street and it's at the bow street.

D

um Playhouse, thank you mark. Well, I want to keep going. Oh that's all the time hey I'll tell you.

D

What I got an idea, you allow 45 minutes for this venue here for us to come up and.

D

Talk about three minutes, I know just one quick question: what's the point of order, your honor.

K

uh There's not a dialogue during public comments, all right out of towners. Next up, we have uh shane.

B

Solder, one solder, one from yeah hi, I went by alan so last time it's kind of a nickname, but I was a.

F

Little shy too. First, I want to read this to you. It's it's important, given our the state of our.

F

Country, love is patient, love is kind, it does not envy, it does not boast, it is not proud, it does.

F

Not dishonor others, it is not self-seeking, it is not easily angered. It keeps no record of wrongs.

F

Love does not delayed in evil but rejoices with the truth. It always protects always.

F

Trusts always hopes and always perseveres, that's first corinthians 13 4-7. um I had.

F

The the pleasure of sitting with mark most of the time in the park that he's been here this summer.

F

And uh as a witness, I never saw mark instigate one time I would have left, I wouldn't have stayed. He.

F

Never accosted anyone they came to us. I watched people threaten to shoot mark or heard about it.

F

I watch people get in his face and I was sad I saw someone spit on irish mike in the square because.

F

Of his flag choice, I was careful myself to raise neutral flags. Most of the time I was there to stay.

F

um Unbiased but overall, what we need in our country is not a civil war, we need civility and we.

F

Have to work as americans to reclaim some of what we've lost. We have to come together as a people.

F

Or we're going to destroy each other eventually, this this can't be it. It is viewpoint.

F

Discrimination and- and he has a peace, love trump flag there and some people think trump's the worst.

F

Guy ever and some people think he's the best guy ever the same thing with obama can be said too.

F

Some people, love obama, some people despise obama, but at the end of the day, we're all americans.

F

And william whipple and people put their lives on the line for freedom of speech and as long as.

F

He's not violating something in the supreme court or instigating or something I don't see, a problem.

F

With what he's been doing- and I love our country- and I hope that in a city where the one of the.

F

Signers of the declaration independents lived that this city will respect that too, and remember that.

F

At the end of the day, we have to love each other, otherwise we're going to go down a dark path as a.

F

Country- and we don't need to do that- we already did that once and we came out stronger, but we.

F

Don't need to do it again, so, let's not thank you. Thank you all right. Next up is the public hearing.

B

uh Mr mayor, if I could ask for a make a motion to suspend the rules to bring item 15c out of order.

F

So moved, second, all in favor all right. um This is what's under my name and.

E

For the purposes whether you have a very uh short presentation from.

E

Ernie greenslade and valerie roshan regarding the portsmouth 400 legacy projects.

A

Thanks councilor moreau um mayor mckeckern assistant, mayor kelly city, councilors and city.

A

Managers manager, thank you for giving me this opportunity to be here today and present on the.

A

um Pnh 400 legacy project, my name is ernie green slade and I'm the chair of the legacy committee.

A

uh We also have um valerie roshan, is here today and also judy miller, who is a member of the.

A

Legacy committee um imagine a public, sculpture, garden, welcoming visitors to portsmouth as they.

A

Take the market street gateway from interstate 95 into the city's downtown. That's the vision of the.

A

Portsmouth new hampshire 400 legacy committee, which is tasked with creating a project that.

A

Will last well beyond the 400th anniversary in 2023, enriching the city for years to come.

A

Located in the city's already existing bohenko gateway park, this new sculpture garden will have.

A

A maritime theme celebrating the river and all that is connected with it through public art.

A

Just a short walk from downtown bohenko cape gateway park links the newly created vista of.

A

The river and the portsmouth naval shipyard on one side of the gateway and the uss albacore.

A

Submarine memorial, on the other, this sculpts, your garden, will attract visitors and residents.

A

Of our seacoast community to a riverside park, the perfect location for quiet reflection, a.

A

Family picnic or educational programs on the city's maritime history last winter and spring.

A

Members of the p h, 400 legacy committee, met multiple times with city manager, karen conard.

A

And city staff to brainstorm ideas for a legacy project that would reflect city priorities.

A

And a line with ideas that have been shared in public forums to generate community ideas for for.

A

Pnh 400., based on city input and ideas shared at the public forums. P h, 400 decided to move.

A

Forward with the bohanco gateway park, sculpture, garden, p, h, 400 is currently raising funding for.

A

One or two initial sculptures from individual and corporate donors and grants the goal will be to.

A

Have at least one project installed during the 400th anniversary celebration in 2023.

A

An rfp based on public art guidelines adopted by the city for arts peak was released in august and.

A

Proposals were due in september 23rd over 30 artists, many of them local artists submitted.

A

Over 40 proposals, a review committee chosen from the community and including expertise.

A

In sculpture, design and public art will review the proposals and select finalists.

A

We're scheduled to announce finalists in the late november, so we are requesting city.

A

Council approval for a sculpture, garden in bojango gateway park, the sculpture garden will celebrate.

A

Portsmouth's 400th anniversary its rich maritime history and its commitment to arts and culture.

B

Thank you, ernie. Are there any uh questions? I would just like to make my sample motion to move.

E

To accept the donation and approve the placement of sculptures to be commissioned by portsmouth.

E

New hampshire 400 in the public property known as behanco park. Second, any discussion.

B

uh Council boa uh thank you. um I'd like to thank councilman, councilor, cook and ernie for bringing.

D

This forward, um I understand that we would like to have. We wouldn't want this to be delayed for.

D

The portsmouth 400 and I know we are setting up the process for art, so I know that process hasn't.

D

Been finalized but I appreciate you bringing this forward, so we don't delay this project.

D

Shelter cook, thank you so much mayor. I actually will echo exactly what councilor blaylock said.

L

um I think this is a fantastic project, I'm very excited about it and tonight I'm bringing forward.

L

From the governance committee, a proposal for a public art review committee, but that committee.

L

Wouldn't be established in time by any means to review a project for the portsmouth 400 and.

L

I know that and what I love about this project is that the portsmouth 400 in working with the.

L

City is using the exact guidelines that the governance committee looked at in a doc in in.

L

Putting forward a motion for a public art review committee, so it's the exact process and actually.

L

It can serve as a guide for the city and how to review public art projects. So I think this.

L

Is a really exciting opportunity on two fronts, not just because in portsmouth 400 has a legacy.

L

Project, but also they serve as an example for us when we're looking at public art in the future.

B

Awesome uh all in favor aye any opposed. Thank you very much. Thank you. I appreciate it.

B

B

To public hearings and vote on ordinances of resolutions: uh first, we have a public.

B

Hearing second reading of ordinances, uh ordinance of public hearing second.

B

Reading of ordinance amending chapter 10, article 5a, section 10 dot, five, a two one.

B

B amendment map for building height standards, incentive overlay district.

B

Sections 10.5 a21.20 building height standards, sections 10.5, a 2, 1.21 and 10.5821.22 section.

B

10.5A43.32 building in story heights, section, 10.1530 terms of general applicability; first up.

B

Is a presentation your honor uh planning director, beverly mason, is happy to come forward and give.

M

A brief summary because it could take a whole long time, but I know that her goal is to briefly.

M

Summarize the changes before you uh also with her as principal planner, nick cracknell, with any.

M

uh Questions as a resource thanks everyone. Thank you so good evening, mayor and council on october.

G

A council approved the regulatory work plan. uh I mean I'm starting april 18th. The work.

G

Plan consisted of three phases: phase one was code cleanup having to do with building height.

G

Standards to improve the regulatory implementation and align with legislative intent of those.

G

Standards and eliminate ambiguous sections that result in unintended consequences, phase.

G

Two, as you know, are the accessory dwelling unit amendments currently in development. The purpose.

G

Of those was to remove barriers, expand the number of eligible properties for adus and senior housing.

G

Facilities and phase three are the incentive amendments which the purpose for those will be.

G

To adjust incentives to place a higher emphasis on workforce housing at their august 18th 2022 me the.

G

Planning board recommended amendments that are the subject of the second reading this evening and the.

G

Public hearing consistent with the city council approved objective for these amendment package.

G

The amendments before you have been developed with the intent of eliminating inconsistencies.

G

Correcting errors and improving the over overall structural foundation of the ordinance to ensure.

G

That zoning ordinance can be clearly understood by the community, the development community and.

G

Consistently implemented by staff amendments are focused on two articles in the zoning ordinance.

G

The first article is article 5a character-based, zoning section 10.5 a 21.10 is the contents of.

G

The regulating plan, we have there's a correction to a incorrect citation and reference. That's been.

G

Added to the amendments, there's been a change to ad building height standards for foundry place in.

G

Order to provide a building height standard for 66 rock street and there is a modification to.

G

Building hide standards for a small portion of high street and haven court to match the.

G

Surrounding buildings and associated building and their associated building height standards.

G

um Section 10 5a 2120 is a section on building height standards, a correction they're made to.

G

Make it explicit that, within the historic district, the hdc has jurisdiction over height scale and.

G

Massing of any new construction area can require, as part of that approval process, a building high.

G

Less than the maximum permitted and section 10.5 a43.32 building in story heights is to remove.

G

Any ambiguity that the maximum building height is assigned to all lot lines, fronting a public place.

G

And that corner through and waterfront lots uh allow for limited encroachment of higher.

G

Building height, provided the taller section of the building are located 50 feet from the lot line.

G

Or the public place and there's also a change there to allow for decorative roof decorative.

G

Roof appearances up to four feet in height to be located along the roof edge. So this is a.

G

Summary of the changes that are proposed for article 5a, there are some changes to article.

G

uh 15 definitions, including these all directly, relate to the changes in 5a and they're related.

G

To building height standards, amendments to front lot line, penthouse, mansard, roof short story and.

G

Building height and parapet wall, adding greater for clarification and a greater implementability.

G

Of those definitions and then new definitions for public place, average existing grade average.

G

Finish grade and urban districts, where we did not have a definition before a quick timeline on.

G

May 5th the planning board held a work session to review the proposed amendments on may 19th.

G

The planning board held a public hearing. Revised documents were presented that reflected input that.

G

We received from the work session on june 23rd. The public hearing was continued to the august.

G

Meeting with requested staff schedule schedule an additional work session, which we did on august, 8th.

G

Where additional review of the draft amendments took place and additional edits were provided and.

G

Suggested the planning board continued the public hearing on august 18th and recommended adoption to.

G

The planning board of the ordinance that you have before you september 19th. This was transmitted to.

G

The city council for first reading, again nick nicholas cracknell, our principal planner, is.

G

Here also to answer any questions you have, he is the primary author, of course, along with the.

G

Community of those amendments that you have before you and the two of us will be glad to answer any.

G

Questions you have beverly uh councilor, bagley yeah. I think your honor um thank you for the.

K

Presentation, beverly and uh I'm gonna touch upon a presentation. uh Nick cragnell gave recently.

K

To the portsmouth, anthony am about the history of development in portsmouth and if I get any of the.

K

Facts wrong: it's because I miss her. Remember them not because nick presented them wrong, but what was.

K

Of interest to me was portsmouth was the first new hampshire community to enact euclid zoning.

K

Rules which come from that famous case in ohio in the 1920s, I believe, and our first two zoning.

K

Ordinances were enormous books and both of them were thrown out completely by the state courts. As.

K

uh Not legal, I believe, in the 1950s or thereabouts, and what I see before me tonight is a lot of hard.

K

Work that is going towards removing ambiguity and the reason that's important in zoning. Is it.

K

Decreases the chances that the city will have to go to court over zoning decisions. So I think this.

K

Is a great deal of work that has been done, I'll support it and I think it's gonna help keep us.

K

Out of courts, that's a broadway councilor lombardi um yeah! I just had a couple questions on the map.

N

um And it might be just a pixel thing on the computer, but it looks like there's uh on the.

N

Downtown garage there's a green and then it looks like there's yellow behind it, but I don't know if.

N

That's um accurate, I can pull it up. There should be no yellow around the garage. The high hanover.

C

Street garage, I think it's maybe it is green along hanover street green, along fleet green along the.

C

Lower portion of haven court and then the upper portion of haven court down ladd street is orange.

N

um That makes sense, and then the other question I had was on.

N

I'm sorry I'm I'm forgetting the name of the park on on lafayette road.

C

You don't mean goodwin park, goodwin park, okay, islington street.

N

Excuse me correct yeah, um and that is blue. Okay. It looks green on here, so it's got a teal, but it.

C

Is blue uh and it's to match the legend that that goes with that map, so the color should be the same.

C

If you dragged it over all right, um then the other question I had was uh more general and in terms of.

N

um One of the disturbing things that I think has happened in the northern tier is that we.

N

Have a sea of flat roofed buildings- um and um I I s I've read through this and I don't know.

N

If this will encourage more roof types, I hope it does, rather than just flat roof buildings.

N

I would say it does whether we've hit the mark on that particular remember. This is primarily a code.

C

Cleanup, it's not about charting a whole lot of new ground, but we have allowed for taller decorative.

C

Features on even flat roof buildings to make them more attractive at the top, like a articulated.

C

Cornice, something that's heavier, a taller parapet wall. There are examples that we presented to the.

C

Planning board right now: you're limited to two feet above the uh the roof line. The proposal.

C

Is to go to four, we did talk about up to eight. What we settled on four penthouses are encouraged.

C

To be set back further from the edge of the building and have pitched roofs, not just another,.

C

Flat roof and in exchange for allowing the height of the penthouse to be treated like all other.

C

Sloped roofs, which is the midpoint between the top and the bottom of the roofs they have to bless. You.

C

Push push it back to 20 feet, not have any rooftop of pertinances on top of it, which today you can.

C

Put up to 10 feet of rooftop a pertinence. It's an elevator overrun, a stairwell mechanical equipment.

C

With a screen, all that's allowed today to go on top of a 50 or 60 foot, building downtown.

C

You see lots of that stuff on the roof. It's very visible, so we're trying to push it away.

C

From the edge and push it down, so it's not sitting on top of a penthouse. So I'm not going to suggest.

C

We've we've hit every uh component of livening up the the skyline of the city, but I definitely think.

C

This is a significant move in the right direction, and russell street was a good example coming.

C

Before the hdc, with the corner, building at russell and deer, the htc really wanted to have a taller.

C

Parapet or a raised cornice at the corner and they couldn't do it with the two feet. So they're going.

C

To be able to do it with the four should this be adopted as an example. Thank you. I think that's.

N

Good uh counselor, thank you hunter. I just want to thank beverly and nick for all the work on this.

D

um I think this is going to simplified things, save us a little risk and just clean up. I know.

D

This was hard work, but I appreciate it and I think this is gonna, allow things easier in the future.

C

And I would agree, it's been a lot of hard work. We we never. We never anticipated when we went to the.

C

Planning board- initially, I didn't as one of the primary authors that it's not just fill conditions.

C

We're trying to get to with building height and the sort of loophole. That's in the code today.

C

Where you can put the first floor on the ground backfill around it and then start measuring from.

C

The filled site to the top of the building, that's what happened down the west end yards next to pick.

C

And pay or hannaford supermarket that's what happened at 105 bartlett! That's what happened.

C

Out at the westerly it it's happened in many locations: it's not illegal to do it, but it's.

C

An artificially tall building that was never the intention of the existing code, so we were thinking.

C

Let's, let's go get that and then when we got to the planning board we got. We got some really good.

C

Feedback from a couple of planning board members that we need to also address cuts not just fills.

C

So that took us a solid six weeks to go and look at more than a dozen codes across the country to.

C

Figure out how you you deal with cuts, taking soil away and not ending up with too tall a building in.

C

That situation, so it was a lot of hard work, but we had a very productive. I think, four months with the.

C

Planning board over four meetings, and certainly the public input, was uh very helpful along the way.

K

Councilor begley, thank you hunter um not to throw nick under the bus here. If I'm going to remember.

K

Back to an even earlier presentation you gave since councilor lombardi brought up the north end.

K

And my recollection is that we had a number of uh a great deal of citizen engagement in tourette's. A.

K

Number of years ago, and the desire in that area was to have a kind of a tiered structure and so.

K

We uh crafted if I don't misrecall, you could have up to seven stories where the ac hotel is correct.

K

But then what happens is due to construction requirements and permits. It doesn't really make.

K

Sense to build taller than five stories unless you build at least eight, so we kind of created these.

K

Rules we envisioned this is what's going to happen and then it didn't happen not because the rules.

K

Weren't there, but because of the economics weren't fully understood- and you know, the economics are.

K

Impossible to understand that you know the price of lumber's doubled and then halved over the.

K

Last few years, so it's it's, you know difficult things to predict, but I just I think it goes to.

K

Highlight that, um even though we put a lot of work and and effort into these uh no plan is.

K

Perfect we're not always going to get the results we expect, but I think the amount of review and.

K

Dialogue that you guys have put into this with the planning board and with citizens is, you know.

K

It should come out very well. Thank you. Thank councilor bagley councilor denton. Thank you. I have.

N

A question and then a comment: uh could you just confirm once more that this is solely housekeeping.

N

And it's not allowing buildings to go additional stories higher yeah. No buildings can go additional.

C

Stories higher the only area that the building height map has changed in a substantive manner.

C

Is to add foundry place in which was not on the ground when this map was created and foundry.

C

Place right now for all the the dsa or the rogers, lots that run from wells fargo all the way around.

C

To bridge street, all those are currently zoned at 50 feet in height it's a brown line, they've.

C

All gone through the permitting process, with the 50-foot brown line, with the ability to go.

C

To 60 feet with the incentive overlay district again, none of that's changing with this code.

C

But when you get down to the parking garage or um peter hackney, who we actually forgot in 2017 he's.

C

In the cd5 district but has no building height assigned to his property at the at the cul-de-sac,.

C

Where the the artwork is in the middle, so we've got somebody orphaned down there that we missed.

C

uh And we've got uh the foundry place garage with no height on it, but that's consistent with.

C

The other 19 municipal properties that currently are down there that we're proposing to put some.

C

uh Building height some guard rails to the conversation, should the city go forward and.

C

Change any of the uses on any of those lots, but the heinemann property right now does not have.

C

Frontage on foundry place, there are discussions as we've come to understand between the city.

C

And uh heinemann about a small strip where the former, I guess, dpw garage, used to sit where.

C

There's still a retaining wall, the back wall of the foundation. Still there, the city actually owns.

C

Property behind heinemann today in in the past, so heinemann does not have any frontage at this time.

C

On foundry place, but just in case because there was concern from some people that heinemann might.

C

Get taller than it currently can because, right now, it's really a it's a two-story building with a.

C

Mezzanine, that's allowed to go to three stories uh with the green line on the front parking lot. Next.

C

To the the church on pearl street, um it we wanted to make sure, even if they purchased that land they.

C

Can't raise the height of the heinema building beyond what they currently have. That's why it.

C

Changes from brown to green along our property, yours on foundry, but hopefully I haven't lost you.

C

um But that's the foundry place piece. The only other adjustment is on high street and and haven.

C

Court next to the garage- and there were plenty of comments in our review process- that g isn't that.

C

Kind of spot zoning isn't that singling somebody out because right now, the parking lot behind the.

C

Former rudy's next to the garage has a maximum building height of 40 feet and three stories.

C

It's a green line that goes around that I put it there as part of the big map change back in 2017.

C

I I would offer- and I have regularly that just like we missed peter hackney.

C

This is not a big deal, whether this is 40 feet or 45 feet. Everything around that property is.

C

45 feet in the existing code: it's an orange line. Everything on high street from rudy's all the way.

C

Out to starbucks, that's all orange the whole, whatever the name of the building starbucks.

C

Is in that's 45 feet, it's a 45-foot building. So is the front of it's about 44 feet where.

C

The chocolate shop used to be it changes every six months. The garage is 45 feet, ladd street's.

C

45 feet on both sides, even the little federal building, that's stranded as an island with the.

C

Athenium turnaround that that's all 45 feet, so what actually was left out singled out.

C

By me and others that put it together in 2015, the map was the rudy's parking lot.

C

So that all we were trying to do here, I still would offer it as a cleanup.

C

That it be consistent with all the other orange lines around it and it's a five foot increase.

C

And as we and we also put this zoning amendment together prior to that project, even being filed.

C

Even though this took time to get to the council get to the planning board, we preceded that project.

C

Formally submitting an application to the board of adjustment, there were questions about hey. What's.

C

What's the process here and looks like this is developer driven? It's not. It is developer.

C

Supported but it's not developer driven, we drove it and we drove it uh to clarify how corner lots.

C

Get get addressed in part of this amendment and we looked at that zoning map and said geez. It really.

C

Should have been 45 feet all those buildings are connected in the particular plan. That's being.

C

Envisioned it makes sense for it to be cleaned up and smoothed out, so we're actually fixing what you.

C

Could probably characterize as a spot zone in 2014 when we put the map together by singling that lot.

C

Out and treating it differently than every other lot around it. That was already on the ground, with.

C

Similar circumstances makes sense, it does. Thank you. No other changes, though, to building height.

C

uh That are here, it's strapping lines on the municipal properties in those two areas and.

D

Just for quick comments, I recall voting on the 2017 character based zoning and I still.

D

Hold that I prefer even taller buildings, because that would allow more energy, efficient usage and.

D

uh Should be more affordable, but that is not what this does and I support what this does.

B

And counselor didn't any other comments, questions.

B

Nope, thank you guys. uh Next up, we have the public hearing uh speakers uh in an effort to have.

B

um As many speakers, as would want to speak, will offer uh three minutes for the first.

B

uh For the first time up then five minutes and then, if, uh if there's nobody else, you.

B

Have a limited time after that, in order to cycle through speakers, uh public hearing is now open.

I

I

41 pickering ave and I guess I just really want to say um I was surprised that this didn't go.

I

To the acc in previous changes that has happened and to give them input, especially when it covers.

I

Some of the historical district- I know when uh we really talked about a lot about the zoning on the.

I

Acc when I was on it um when things would come up, so I was a little shocked by that.

I

But I think you folks and just hearing counselor denton tonight.

I

um Really need to decide and have public input on what we want the city. What is a city? Is it.

I

Tall buildings, like counselor denton just said, um I read a lot of emails and even from people that I.

I

Sure we're strong supporters of you all they're questioning some of the infill.

I

In the building heights that are are potentially being put together into being brought forward.

I

With all these changes in our zoning, I don't understand why we're not looking at our master.

I

Plan why we're not looking at and asking the question, especially with the portsmouth 400.

I

What do we want, portsmouth to be going forward? Newington has made a really loud.

I

Statement of what they want, newington to be, and we talk about affordable housing.

I

And many of us had said what about the mob? That's deteriorating and newington has said no.

I

I asked you all as we go through these zoning changes to see where other communities are.

I

Thinking newington just gave you their answer because we don't really have.

I

Unless we want to destroy our historical significance, why people come to portsmouth.

I

Why do I leave the waterfront about boston to come up to portsmouth? What is different.

I

If you can't answer that and keep it different, then we're going to slowly deteriorate because.

I

With gas prices and community and ways people are moving these days, they're not going to pay to come.

I

We need to think about what portsmouth is and what we want. Portsmouth and I'm not here tonight to say.

I

Esther kennedy wants portsmouth this way. I have an opinion. Obviously everyone knows I have an opinion.

I

But I want to know what other people think and in the emails I was reading that you received, they.

I

Were given an opinion about infill in small 80 youth, they were giving you opinions about zoning.

I

And maybe it's time to have a charat and have a discussion as counselor bagley has.

I

Remembered and brought up tonight and have a conversation of what's best for portsmouth.

I

Because now is the time to do it or else we're we're going to lose portsmouth.

I

Thank you. Thank you. Esther uh are there any other speakers.

G

Good evening again, peter huda, I just have one question for you:.

G

Does this protect our historic character? This is what we need to be thinking about going forward.

G

As esther mentioned, there's only one reason that people come to portsmouth and if we're.

G

Like every other town with our restaurants and our tall buildings, there's no character. That's.

G

Going to be left so the I believe this is the character, the the question that you need to answer.

G

Thank you. Thank you. Petra. Are there any other speakers.

B

Are there any second, any second time, speakers any third time speakers I'm going to close the.

B

Public hearing any additional council questions and deliverations, I would like to just move to.

E

Make a motion to move to past second reading and hold third and final reading at the october.

E

24Th 2022 city council meeting as presented second councilor bagley yeah. Thank you. Honor.

K

I'm surprised the counselor didn't bring up this fact, but uh during public comment.

K

um You know there's a lot of talk about historic portsmouth and I think it would be who of us to.

K

Mention that the heinemann building was long known as the brics motor building, and it was.

K

Actually, a six-story building until 1925 when there was a massive fire that destroyed over.

K

100 cars in that building, so I think when we talk about the history of portsmouth, it's important to.

K

Acknowledge that history is a 400 years and then you know infinite before uh settlers came here.

K

So will we talk about the history of portsmouth there's, there's time periods that are in the.

K

History of portsmouth, we can't you know, say that there were never any six-story buildings in.

K

Portsmouth, because that's not the case, there were, and they were there for a great number of years,.

K

And and we're changing that history by restricting this to be no more than three stories, so I think.

K

We're listening to resident input, but we're also honoring the past with this decision here tonight.

B

I think council bagley any other comments. No, uh I get to read a lot uh as mary got to read a.

B

Pamphlet from the uh the 300th celebration and we had the 300 celebration affords, and this might be.

B

um A bit of an exaggeration, uh but in the pamphlet they mentioned that portsmouth at the turn of the.

B

18Th century was the 10th largest city in america with some of the largest buildings. Now I don't.

B

Think we're going to go back to those large buildings in the in the downtown. I think we're.

B

Rivaling any of those, nor do I uh I think it would be a good idea uh too, because the charm, but also.

B

The infrastructure to support that it's difficult, uh the electrical demands to uh to to do that, but.

B

What this is is not that we've talked way past these ordinances. This is a cleanup and five feet.

B

In one area um to align it to the other thing, so we've had some pretty uh large conversations in.

B

The future of portsmouth, the future of portsmouth, is making sure that we have zoning laws that are.

B

Easily applicable and understandable, that's one of the important things in a a credit council, morrell.

B

For a lot of the work, I credit the planning board uh chairman uh chillman for the work that he's.

B

Put in on that in the members is the planning board for for creating this. I think that you.

B

Know being on the uh the north mill pond, uh one of the the largest disputes is, you know.

B

Where was the building height coming in? Was it you know, backfilling that and then creating the.

B

Building height, um so it's about having uniformity, that's how I think we protect all property rights.

B

When it comes to future owners and existing owners and their rights as property owners, so I commend.

B

The work that has been done on this, I will be supporting it, given that it's an ordinance.

B

Change it, I asked for a roll call vote uh to make sure that we have everybody on the record.

B

uh Council monroe did you have something? No, I thought councilor tabor had something.

B

Oh, did you have something to say? uh Well, I was also going to support this uh and it is.

O

It does three great things. I think it clarifies the hdc's prerogative overhype uh in the district.

O

It clarifies that height starts at the original grade line, not where it's been filled and added.

O

And that, as we all know, is a 105 bartlett street impact uh for the people across from the mill.

O

Pond, looking at that building at its total height and the rock street changes, I think, are terrific.

O

um And important for that neighborhood, but all all to the mayor's point that this is clarification.

O

And we've taken what we've learned over the years of form-based zoning since 2017 and we found where.

O

We need consistency and we need clarity and that's what's been added.

B

All right kelly, could you please have a roll call vote. Absolutely sister mayor kelly, yes, counselor.

D

Tabor, yes, I'm sorry denton! Yes, council morrell, yes, council, bagley, yes, council.

A

Lombardi, yes, council blaylock, yes, council cook, yes, mayor, mcc, cochran, yes, unanimous.

B

We've been here for a council picture and and representative.

B

Does anybody need to use the restroom now, no.

B

I can go for a little while longer.

E

Next, up is third and final reading of ordinance uh amending chapter.

B

One article 4 section, 1.414 commissions and authority sample motion uh moved to.

B

Pass third and final reading of the ordinances presented so moved. Second,.

B

Any discussion council morale.

E

um I think that we've had a lot of feedback and a lot of discussion about this, and I know.

E

That there were some comments brought up tonight about it being an even amount of counselors. As.

E

To members of the public, but I look at this as not a group that has to come up with a hundred.

E

Percent one way or the other, they could be a 50 50 group and bring it to us and and argue each.

E

Side of it and then we're the ones that are going to make the decision on who we choose in the end.

E

So I don't see it having an even numbers being an issue down the road for decision making purposes.

B

Any other questions uh councilor bagley. Thank you. I guess I'll I'll make a quick comment about.

K

um Having a council member service chair, um it is true that in not all committees, that is the case.

K

But historically, in some committees, such as uh parking traffic and safety, the council member has.

K

Served as chair and I believe the reason for that is, and I'm the current chair, full disclosure and.

K

I'm probably the least qualified of the members to be chair, because we have traffic engineer citizens.

K

That are on that committee. The reason is, in my opinion, that that's a very political uh parking.

K

Is a tremendously political issue in the city, and people have very strong opinions on it, so it makes.

K

Sense when that there are strong uh political opinions about things that somebody that is.

K

Elected and therefore can be uh not elected in the future. Take the the lead position and that's why I.

K

Recommended that for the audit committee, it's it's clear that the the people of portsmouth are quite.

K

Passionate about this committee- and I think it you know, giving them the the right to elect or unelect.

K

The person that's chair of that committee is, uh you know, should be up to the voters.

B

Thank you, counselor bagley. I did have of one question. um I had thought at the last reading.

B

And then, looking back at the previous, I thought that we had. We had redlined the the um the second.

B

Phase of the duties and powers that the audit committee will be able to retain the services.

B

Of professionals as necessary, is that not the does? That seems to be the final? I don't understand why.

B

We would need that as a part of this ordinance. The second portion of the auto committee will.

B

Be able to retain the services of professionals as necessary, municipal finance and audits and experts.

B

Hired up no past employment, the city or staff, or current relationship they're within our employment.

B

With the auditing firm or current relationships there within and shall be independent, I thought.

B

We had had the discussion that we were moving that part because we were having the citizens.

B

As a part of the conversation as the as part of the delivered body, that would have the expertise.

D

I think you're right mayor, excuse me, but I think you're right and um but I I would have to look.

N

At the record for that uh councilor bagley, uh I I would agree with the councilman party.

K

And yourself that that is my recollection as well, but this did go under undergo a number of changes.

K

um For purposes of passing this tonight, I don't think that that sentence is objectable from my.

K

Perspective yeah well, um suzanne did you have uh something a add to this conversation yep.

D

um I might just suggest that there is a good reason to keep that in um in the in the event.

J

There were some material issue that needed to be brought before the audit committee.

L

You would probably want to retain someone who actually ex has experience in municipal.

L

Finance and municipal audits, which is different from commercial, so were there to be some serious.

L

Finding you would probably want to retain someone with expertise right on point, so.

L

It gives you the right, but you're certainly welcome to rely as much as you need to and want.

L

To on the citizen members, but obviously your trust- it's not limited to that, and so I guess.

B

My uh the if there were significant issues found and those issues were brought to the.

B

Council for those next steps, then the council could make that decision on whether or not to.

B

Appropriate funds, the previous conversation was uh going back to council, led strong reservations.

B

About empowering the outer committee with any power of the purse to retain any any uh any.

B

Outside members, in order to create um to create, I guess, small work, but also um to have a separate.

B

A separate committee with the ability to retain funds.

B

Had a lot of hang-ups for me at least, and so I was, I thought that this was supposed to be removed.

B

And I guess the question would be: could we amend to remove it at third reading.

B

Council code, uh thank you mayor um since you've raised this issue. I want to raise one more.

L

um The term definitions for the non-city counselors.

L

As pointed out during public comment have been removed,.

L

So it's not clear in the language either how long the existing appointed members are serving.

L

And I think that that was an oversight.

L

From the last council session, when we were considering this at second reading, it was.

L

Noted in the memo to the council, but it was not in the language, I think we just missed that.

B

Well, I think, just in purposes of getting the threaded move to table third reading until next.

B

Next council meeting to have the revised changes that were discussed at the previous concert table.

O

um Yes- and I just did want to say I just I propose that since I can't make amendment or emotions, but.

B

I would propose that, but feel free to do. We have to take away the first motion, though oh motion.

D

To table takes precedence. Thank you. Kelly um motion to table takes precedence as kelly says.

O

um So we can go down that path. I just was going to add in terms of hiring outside help.

O

An additional charge to the audit committee is, if there are defects found in the audit.

O

um That the audit committee is the place to have a candid conversation with the auditor.

O

And that's where an outside expert might be a benefit if we need a neutral.

O

Highly skilled opinion- and I would I would agree with uh that, but I believe at that point um it.

B

uh And without language clarifying that that's the only time a audit committee could require.

B

Outside or raise the services of professionals as necessary, uh if not, if it as it's not tied to any.

B

uh Specific uh findings or faults. I would await the council to be able to as written. I could not.

B

Support that and would want to have the council involved in the next steps, as stated without the.

B

Additional language, I would make a motion to table third reading. um I guess I don't know to.

E

What date, because it would be, if you want changes, then we have to bring it back forward again.

D

Oh, the more appropriate motion might be to postpone to a date, sir, to a date certain.

B

Okay, so postponed till november city council meeting at the earliest.

B

The earliest the next available meeting that would be october. I think it would.

M

Be october 24th uh motion to postpone until the october 24th 2022 meeting then second.

B

uh Kelly just motion to postpone also for.

B

Or uh well, you have that on so.

B

um All right we'll go with the postponing now now do we need motions to amend.

E

You can't make amendments at third reading, so how do we make these changes now so again,.

I

My understanding is that you could move to suspend the rules.

I

um With a two-thirds vote and then make a motion to amend: okay, uh oh wait.

B

A motion to suspend the rules. Second, all in favor aye uh and now a motion to amend.

B

Councilor, uh could somebody do both of the the number one counselor.

B

Councilor cook, thank you mayor. uh I moved to amend section a to reinsert the original language.

L

Of the ordinance around terms for the appointed members that are non-city counselors.

L

And amend section b to eliminate the last sentence in section b. Second, all in favor.

B

Aye any opposed opposed opposed.

B

um Is there a motion to or council denton would you like to? I was just noting the.

B

Course, uh councilman bardi. um There was a question about the rotation of terms.

N

um Not being mentioned in this, uh did I hear that right, yes and that's what councilor.

B

Cook's first part of the amendment okay corrected for the third reading.

N

Okay, the I mean I, I would think that that is going to be covered under another.

N

Ordinance pertaining to all committees and the adjustment of terms, um certainly, but while we have.

B

It on the floor. We should correct it uh to remove any doubt, okay, that we that we could have here.

B

um Okay with that, um is there a motion to postpone until the august october 24th meeting I already.

E

Made that motion you did: okay, I'll second and all in favor aye. Any opposed opposed. Okay,.

B

That's that is that, thank you kelly for, hopefully, getting that all to make sense in the minutes.

B

um Next up is the city manager's items which require action.

M

Thank you, your honor, in conjunction with the city clerk, we are looking for the city council.

M

To approve of polling hours for the state general election coming up this october, 8th.

M

2022 that the polling hours established be from 8 am to 7 pm yeah. I motion to.

D

Establish polling hours for the november 8th general election from 8 am to 7pm. Second.

B

Any conversation questions well. Thank you kelly for all the hard work you do.

B

On election day, I know it's, it takes you about a week to recover from all that work.

B

So it's definitely appreciated so all in favor aye any opposed.

M

Item two of two is a right-of-way easement deed for deeds for properties located along chevrolet.

M

Avenue uh at its may, 19 2022 planning board meeting the board granted site plan approval.

M

And subdivision approval for land addressed at 668 middle street and as part of that.

M

Approval the property owner agreed to convey a right-of-way and utility easement to the.

M

City for the portion of chevrolet ave, which is on 668 middle street in the rear, the applicant.

M

Also secured an agreement from it to butter to make a similar conveyance to the city and both.

M

Conveyances were made a condition of the planning board approval and tonight before you uh we're.

M

Looking for the city to accept those easement deeds over chevrolet ave from the two different.

M

Owners in this form substantially similar to those included in the packet this evening.

B

Are there any uh councilman of sample motion yep I'll make a motion that I recommend the.

E

City council authorize the city manager to accept and record right-of-way and utility easement deeds.

E

And substantially similar form to the easement deeds from public land, public land holdings, llc.

E

Catherine r whalen contained in the agenda packet. Second, are there any questions? I see we have.

B

Attorney mccourt, dressed in a fun suit here this evening, ready to answer.

B

I don't actually have a question. I just want to make a comment that there's been a long time.

E

Coming for the city to actually have rights to to this road, it's always been a private way and it's.

E

Been a private way that we've really you know, maintained as a city but never really had all.

E

The full rights, so it's nice that I think we're finally have piecemeal together rights to be able.

E

To have all the utilities under the street even when it's not owned by the city, so I'm excited.

E

We finally got to the end council cook. Thank you mayor. um I just actually have a question about.

L

I know that this is uh subdividing uh current property, and this is part of that condition.

L

um Just for info for information for the public, um what exactly is happening here.

L

That we're asking for this change that wasn't happening before. uh Yes, thank you. So this is.

H

In essence, uh housekeeping as council moreau has has alluded to, the city has maintained chevrolet.

H

Ave as a public way for many years, and there are likely prescriptive rights already to this road.

H

um But by approving these, these right-of-way deeds uh we we kind of clean up title and make.

H

It very clear what the city's rights and and responsibilities are as it pertains to this.

H

Portion of chevrolet f there counselor umberton. um The other piece of this is that uh the.

N

um The back of the property on middle street- and I forget the exact number.

N

um Was conveyed to a new owner and who is subdividing that backyard and it is a long.

N

Chevrolet avenue and then the owner of the of the next budding property um uh they worked together.

N

To work pretty closely with the neighborhood to develop this project, so I think part of it is that.

N

They're bringing utilities to this project anyway, and so it was a convenient time um to do this.

B

Well, thanks for the city for taking advantage of the the timing on that um I know it's uh are there.

B

Any other questions for trevor. Thank you trevor, um the uh attorney mccourt um it's uh it's always.

B

Surprising, when we find out a road in the city is not a road, uh the city maintains, and there is.

B

Sometimes you know, because nobody assumes it's not our responsibility, to maintain that uh and to have.

B

The ability to fix it so it's good and thank you for the work that went into securing this.

B

uh To be able to make sure that this meets the standards of of uh you know, certainly other city.

B

Streets as people would expect that to do so, all in favor of this any opposed. Thank you. Thank you.

B

All right that was it yep city manager just got two things: wow all right.

B

um See uh I look for a motion to adopt the consent agenda so moved. Second, uh all in favor.

E

Aye aye any opposed nope uh look forward to the uh all the the 5ks that are coming.

L

Here and not running in any of them, but wishing everyone well as they as they as they as they do.

B

um Okay, um let's see um we'll uh just the the scarecrows are coming back, so it feels like it.

B

Feels like this is a scared to co-time in the air for sure uh waking up walking my kid to school. It.

B

Is it's definitely feeling like fall? Okay. Next up is email correspondence uh to wait. A motion.

B

To accept and place on file so moved second, all in favor aye. Any opposed uh next is a.

B

Letter from uh james albion, generations, united included dba generations, arcade llc, requesting.

B

An open discussion regarding possibly opening one of their console arcades at the skate park.

B

um Do we uh is this something that the skateboard committee would would want to entertain.

D

um Your honor, we can certainly entertain it. I you know, I don't know if this would.

D

um Fit into the plan of the skate park um all right: well, we can avoid a motion to place on file.

B

um And revisit move we place on file you're on it. Second, all in favor, aye, all right um and alaska's.

B

Our uh letters um uh from bob nudie newbie regarding a dog ordinance, um the uh he uh bob.

B

Also reached out uh to me stating that there were, um uh you know, other uh avenues that he would like.

B

To pursue, I think that, while originally thinking that the governance committee uh would be able.

B

To look at this uh there's a lot uh on the plate and I think more fact, funding needs to happen on.

B

Some of the uh requests from mr newby, so I would entertain a motion to have a report back on the.

B

Existing dog ordinance, as it certainly stands in the city today, so moved your honor second.

B

Any discussion that all in favor all right, I'm sorry hold on, I saw counselor cook just about to.

L

Actually, on the report back, I would love to also see.

L

um Information on what um is the best policy uh kind of considered best policies with regard.

L

To dogs and and dog walking within cities beyond just what our policies are, we can.

B

The uh so looking at the policy comparing it to other policies. This is a you know, a.

B

Subject, that's near dear to a lot of folks and sometimes when we make policies for a whole city.

B

They're they're not ideal for each individual use case, but they can't be in that, but would love to.

B

Hear uh uh back from uh city staff on this and then uh we'll take it from there. So all in favor.

B

Aye any opposed, no all right, um so uh this is something that I um okay. I I learned that.

B

Elaine uh syracuse a long uh standing member of the uh the rec board nearly 30 years as battling.

B

Cancer, uh I'd like to read she's watching at home a letter that, if it got lost in the mail, I.

B

Sent her earlier this week, elaine I write to send you strength on behalf of the city of portsmouth.

B

As you battle cancer, I do so as mayor of the city that has benefited so much through your dedication.

B

To the recreation board for nearly 30 years, I also write as a son of portsmouth that benefited from.

B

Your dedication, if you joined the rec board in 1985 as I was learning to walk and the decisions.

B

Made you made had a profoundly positive impact on my life. I finally, I write to you as a father. It is.

B

My hope that my daughters have the same sense of community and volunteerism that you exemplified.

B

And taught your children that they carry on your commitment to the community is proof that you've.

B

Set the right example with gratitude for your many years of service, uh diego mclachlan, um those of.

B

You who've served with mark syracusa is on the pts. We wish your mother elaine and elaine yourself.

B

Our very best wishes next is uh the appointments to be considered uh ones that will not require.

B

A vote and there's one more in here that I gotta remember to to read so the- and these are again.

B

Appointments to be considered so um consider them, and if we have conversations uh you know if we can.

B

uh Prefer to have those these aren't. This isn't a formality. You know I. I can't talk to every.

B

Person about these, but if there are, uh if folks have feelings, always feel free, this is um this is.

B

uh The the responsibility of the mayor, but you know it's not, you know uh it's not something. I.

B

Would want to hear from each uh one of you uh on after they are being considered so appointment of.

B

John mayer, to the arts and nonprofit committee, cultural appliance subcommittee, reappointment.

B

Of uh everett eaton to the economic development commission, reappointment of tom watson to the.

B

Economic development, commission, appointment of richard candy to the task force to study private.

B

Public historical archives, appointment of season stereot the task force, the study, public, private.

B

Historical archives, the appointment of thomas hardiman jr. It's a study, uh public private.

B

Historical archives, the appointment of katinka de rutierre to the board of library, trustees and the.

B

Reappointment of uh janaki fonseca to the board of library trustees uh so again, no votes, no, nothing.

B

Right now, um but I appreciate everyone uh who has been willing to serve and I would ask we do need.

B

um For all appointments uh we need, we need people um uh they're, we're still looking to fill the.

B

um I know people have expressed interest, but you need to fill out an application for any.

B

Of these, you can't just say: hey: do you want to do it? You gotta gotta, show me that you're gonna.

B

Fill an application and get it in um and then uh we'll we'll get you up to to be nominated.

B

um Next is um a request to change the date of december 19th city council meeting.

B

um uh I would await a sample motion uh to change the city council meeting date of december 19th to.

B

Wednesday december 14th 2022. so moved second, and this is really uh to recognize the uh the.

B

Hanukkah holiday uh and our council policy to look to where possible not have meetings fall.

B

On uh religious observances um and that's it for me: oh no, we need to vote on that. Sorry, it's not an.

B

Administrative thing, because we gotta actually vote so all in favor aye any opposed. No thanks.

B

Counselor tabor, uh you are up next with citizen input to arpa funding, 2022 rex.

B

Study and community campus. Thank you mayor. um I would uh propose a motion to authorize the.

O

City manager to implement a city-wide survey process to determine residents, values and.

O

Priorities for use of arpa funds, updated city, recreation initiatives and future use of the.

O

Community campus and adjoining property a second okay. Thank you um I'll, speak to it briefly,.

O

As you know, I've asked the staff for a report back earlier in the year on public engagement methods.

O

Because we as a council, had a very clear goal to be a council that, in our words,.

O

Of our goals continuously enhances the city council practices to to deliver a.

O

Trusted transparent and responsive process- and I emphasize responsive, I think we as the council.

O

Certainly, I feel the more public input we have up front and the good data on what our public.

O

Our residents feel the more public confidence we have later when the decisions are made.

O

And after we looked at an initial survey of engagement methods, one method came out and.

O

That's a quick, very light, easy to use surveys which technology now enables us to do so.

O

um I initially was going to propose we do that. A survey like that around the community.

O

Campus uh mentioned that I think at the august first meeting um and began talking with staff.

O

um And as we looked at the opportunity to partner with some firms that do with do this, there was.

O

A feeling that we could also use this technology for the recreation study, which is in the field now.

O

And has a couple of hundred survey respondents, but maybe we could boost that and maybe we could.

O

Get input on arpa money so, as as things tend to happen, it grew um submission group there, but.

O

um You know the community campus makes sense to me because it's taxpayer owned property.

O

It's taxpayer money that we're going to use to develop it into the years in the future.

O

So why shouldn't we ask the taxpayers what they'd like to see there um and.

O

If you think about these various decisions that we have to make, if we can get a broad survey.

O

300 400 participants broad enough that we can then see in the data.

O

uh Let's take the example of community campus: how do young people feel about recreation out there.

O

How do young people feel about affordable housing? How do parents of school children.

O

Feel about that as a location for additional education opportunities, so.

O

I think the the uh the partner we're looking at flash vote would enable us to get a broad sample.

O

They could scientifically wait it to match the demographics of the city.

O

They could help us design the questions so that they're, scientifically effective.

O

And we would get a lot of good data to make our decisions. I've tried to make this broad.

O

And flexible, so the city manager and her staff can apply it as they see fit in the orders. They.

O

See fit, it may make sense to expand the rec study as a proof of concept to see how it works.

O

um And then develop a more detailed survey for the community campus or for arpa money.

O

But I leave that in her capable hands, um so I think it can help us engage the public. Those.

O

Who take the survey will want to participate more? We can get not just opinions but actual.

O

Partnerships with our residents, who will become interested and involved, and I hope that it's a.

O

Way that we can find some innovative platforms to reach out to the public and engage them.

O

That's the purpose and councilor tabor any discussion, counselor bagley. I thank you. Thank.

K

You councilor tabor for this. um I think it's a great initiative, my concern, and this would go to.

K

The execution is the three areas highlighted arpa funds, recreation initiative and community campus.

K

Could almost be lumped together and I don't think that's the intent. I think the intent is for three.

K

Discrete surveys, so I would just hope that, however we do it, you know somebody doesn't read it quickly.

K

And think it's all three things for one objective: absolutely and you're good to wise to clarify that.

O

um And actually yeah firm, we're looking at a flash vote uh gives us a price of ninety nine.

O

Hundred dollars for six surveys, so we could do those three and we'd have three more for free.

B

Thank you hunter um and thank you, councilor tabor, for bringing this forward.

D

um I know the um on the rec board. You know, we've been working on this study and we've.

D

Looked for more opportunities to engage the community, it seems like we would get special.

D

Interest groups would show up in you, know small numbers and be very vocal, and we felt.

D

Like we weren't getting a true sense of the community, what the community wants as a whole.

D

So any opportunity to engage the community more and any chance for us to listen to them. I think.

D

Is very appropriate and I mean that's: our job is to listen to the community and represent them so.

D

Thank you for bringing this forward thanks, councilman councilor cook. Thank you, mayor.

L

um I think that this is a really important proposal coming from councilor tabor and.

L

The reason I think it's so important is that when we sit here as city councilors.

L

And we hear public comment, we usually only hear comment from people who are unhappy about changes.

L

Or don't want us to move forward with certain issues? We rarely hear proposals and people.

L

Coming forward asking us to consider: how do we want to develop a property like community campus.

L

um And that's unfortunate because it's very hard as a city councilor than to understand what the.

L

Viewpoints are across the city, especially when a new initiative comes forward within your term, so.

L

You're not going door-to-door talking to residents you're, not hearing necessarily from everyone.

L

Except the few people that you run into in the community, this gives us actual data, and it's.

L

Important to have real data points when you're making decisions as a city councilor, because you.

L

Want to reflect the views of your city as a whole, rather than a small group of interested parties.

L

On any particular issue, so I really am excited about this. Thank you for bringing it forward.

B

Cancer and birdie yeah- I would just second what was said um um on all of this and also say that.

N

um I think many times people are somewhat intimidated to come and stand at this podium.

N

And this this would erase that intimidation and I think we it's very possible. We get a.

N

Lot of good data, it's got somebody any other thoughts. uh You know it is uh it's tough to to.

B

Get up and speak publicly um and it's good to remember that it's not easy to do. Certainly, if.

B

You don't have the habit of doing it and you know I look at this survey as a everybody. I guess is.

B

um When you, when you talk about city business, as you know, I'm now coaching a kindergarten and first.

B

Grade soccer team and talking to the parents, uh sometimes they're somewhat surprised at.

B

How many opportunities we try to provide to give feedback? You know, for example, the uh the capital.

B

Improvement uh plan. You know the deadline was last week, so we can't uh ask for more input, but.

B

They're always surprised, and I think that anytime, that we can look to get more involvement, uh shows.

B

That that more people are going to have skin in the game, they're going to recognize that there's.

B

More hey, I have an opinion you know. Maybe I should work on having more people have my opinion. Maybe I.

B

Should get more involved, and so you know if you believe in government and I believe in.

B

Government- and I think everybody does at least on the local level, we believe in government.

B

um Then you know it's our job to improve it and make give or is more responsive, and you know we.

B

Have the technology to do so look forward to seeing you know if it's this firm or another.

B

Firm, that's able to there's no limit what firm we would use here to be able to deliver more.

B

Data, so that we could understand that and more engage more people. So very much appreciate the.

B

uh The thought that this was brought and we trust support smith, would you know if we ask.

B

um They're gonna they're gonna, let us know so, look forward to that. So all in favor any opposed all.

B

Right, counselor, dutton. Thank you, your honor. I move that the legal department explore potential legal.

D

Remedies to recover costs incurred by the city of portsmouth residents and businesses due to climate.

D

Change impacts. Second, any discussion. Well, uh thank you for bringing the forward any other comments.

B

Look forward to leaving in the hands of the legal department all in favor aye aye, any opposed.

B

All right, we don't have, we've already had the presentation, so counselor cook couple of.

B

Things under your name uh thank you again um uh tonight, uh I'm bringing forward first a package.

L

Of policies and ordinances that have gone through the governance committee, so, while they're under my.

L

Name they're, really. These were things that we move forward from governance to the council tonight.

L

um You will see a public art policy changes. uh You'll see changes to an existing existing.

L

Public art funding, ordinance and then you'll also see a draft public art review committee ordinance.

L

uh And these arts policies and ordinances work as a package. Essentially, these changes were made.

L

Because the existing public art policy refers public art to art, speak which is no longer in.

L

Existence um our current funding for park public art ordinance has a few gaps in it that have been.

L

Identified in the course of of working through that ordinance over the last many years and uh the.

L

Public art policies also envisioned that artspeak would set up a public art review committee as part.

L

Of the current public art policies that, of course doesn't exist because our speak doesn't exist.

L

So this changes that function and moves it to the city council. So the city council is setting up a.

L

Public art review committee, since we don't have our speak to do that, based upon the guidelines.

L

That were written by artspeak for the city and were adopted. The public art review guidelines.

L

So we're just following exactly the guidelines we have and amending our current policies to fit with.

L

Our current practice so that we actually have a committee they can review public art rather.

L

Than every time a piece of public art comes to the council, we have to ask the city manager to.

L

Set up an ad hoc committee or when somebody wants to make a donation for a public art.

L

Project, we don't have a way to handle that currently, because we don't have a standing.

L

Public art review committee to think about that donation. And how do we put in place a piece of.

L

Public art that would require again the city manager, setting up an ad hoc review committee.

L

For just one donation and one piece of public art, so um if we had this kind of process in place, you.

L

Would have seen the portsmouth 400 committee coming here tonight with a proposal that was.

L

Going to go to the public art review committee and they wouldn't have had to do all the extra.

L

Lead work to set up a committee to review those proposals. We would have had the process.

L

In place already- and we do not currently, we had another proposal that came before the council a.

L

Few months ago, and again we referred that to the city manager and the city managers had to.

L

Then go through the process of again setting up a committee, uh so this really cleans up.

L

The arts policies it helps to clarify uh what is clearly not not really clear at the moment. Frankly,.

L

Right now, if you were reading the policies, you would think that we were still referring.

L

Things start to speak, so hopefully uh everyone here tonight will be happy with moving these.

L

Forward and I would move to bring them forward for first reading, the changes to the ordinances.

L

Specifically for first reading of the october 24th 2022 city council meeting and the change to.

L

The policy second, any discussion, councilor denton, I'm very excited to see these come forward. I don't.

D

Recall if it was 2016 or so when we worked on the percentage of the arts, but um nick cracknell spoke.

D

Of the art outside the foundry place garage, and that is a result of this policy, both that.

D

Hammer that might be dancing along with the art paneling along the glass stairwell, so.

B

Thank you, councilor cook, um I'm certainly a big supporter of public art and I'm glad.

D

That we have a proper process now to look at any proposals, um certainly when every project.

D

City project over a million dollars requires a certain percentage of what you spend on art.

D

um So I want to make sure we do this correctly and thank you for setting this up.

B

Any other questions or well, uh thank you for bringing this forward. I think the.

B

um You know it's a it's tough to imagine, you know even prescott park without the whale.

B

um Orchard island, without the woman looking out uh to the sea, uh there's just uh you know it's.

B

um That's portsmouth and and long after we're gone, we'll remember uh the art that that our community.

B

uh Produced I like this uh for the reasons that have already been stated, but one of the reasons.

B

I think that um uh councilor denton stated in that you know if we could have a we had the.

B

Hammer outside, but if we had had that, um you know that that glass, sculpture, also, you know, was or the.

B

Glass etching was also part of the art, so um that could have qualified in and of itself. I think this.

B

Is uh you know, this is amazing that we could have a policy that, um when we're looking at buildings.

B

We can incorporate from the ground up uh in terms of the design of those buildings. So remember the.

B

And then to move it so that we don't you know, walk those pieces of art. Just you know, on the.

B

Building themselves, we discussed the last council potentially when we were doing modifications to.

B

The uh the pierce island uh treatment plant and we're still looking on a final bill for that. So.

B

I'm sure we're uh once we get that uh we'll have the percent for there, but that doesn't have to be.

B

Limited there it could be a part of the the bridge over to pierce island um and so there's a lot.

B

That can happen, and I think all of it would um you know further beautify, uh portsmouth and looking at.

B

The makeup of the people there, I think we have a broad swath of both. You know experts, but then also.

B

People that that that love, art and being a part of the the community uh that opportunity there so.

B

um Thank you, councilor coco, for supporting this all in favor aye aye, any opposed all right.

B

You got one more, I do. um The second item under my name tonight is also uh it's a policy coming.

L

Forward from the governance committee, so it's not really my my policy time before it is coming from.

L

The governance committee um and this policy is the uh a new policy. It would be an auditor.

L

Rotation policy and the reason that um and bringing this forward tonight is that um you.

L

Know we've we've said here: we've listened to a lot of public comment about the audit committee.

L

Over the last few months, and I think it was abundantly clear that there were a lot of concerns.

L

um From public comment about how often the the person doing the audit changes whether or not.

L

That rotates on a regular basis. I think there were also questions about how often we have an.

L

Rfp process to select a new auditor, so the goal of this policy is to clarify for the public and.

L

And note that it is the council policy that the principal auditor, the engagement team and the back.

L

Office person who reviews the audit all change every five years and that's current practice.

L

That is the practice that we are current auditing firm, actually uses. We don't have the same auditor.

L

um Constantly we have a change in auditors every five years of that principal auditor um and and.

L

That has been our policy, but I think it's really important now that we have an audit committee.

L

That the public understands and that the audit committee is aware that that is our continuous.

L

Policy, I also think it's important that the public understands that we go out with an rfp process.

L

Every five years to select an auditing firm now there has been some concern expressed that there's.

L

Not a requirement to change your auditing firm. There is a problem with having a requirement in.

L

The policy that we change our auditing firm every five years and the problem is that we.

L

Only have two auditing firms currently bidding in new hampshire on public audits, so that would.

L

Essentially, if you had a requirement that you change auditing firm every five years and you only.

L

Have two companies currently bidding that would eliminate the role of a decision in an rfp process.

L

It would eliminate the function of the audit committee. It would eliminate the function of the.

L

Council, in choosing an auditor, you would be stuck with the company, the other company bidding every.

L

Single time- and that also reduces competition, so we can't make that requirement in our policy.

L

Because we would be stuck with who's left every five years. Alternatively, though we can clarify.

L

That our principal auditor does change every five years, and that is best practices and also that is.

L

Part of federal requirements for auditing firms, so I think it it should be really clear to everyone.

L

That that's what this policy clarifies for our community.

L

For the auditing committee, it provides that direction. Thank you. Counselor cook.

B

uh Councilor tabor, yes, I I think I'm I don't know that there's ever been as much.

O

Discussion about the city's auditors there's been in the last two years.

O

uh Which is healthy and that discussion's been uh lively and and heated at times and that's all good.

O

um I do think we need to clarify a couple of things.

O

um It was stated earlier that this ordinance or this policy- let's let's be clear- it's policy.

O

Avoids changing audit firms and says we'll simply change the internal faces within the.

O

Auditing company, we have no, that's, not correct uh it, it has two pieces. The first piece is we.

O

Have an rfp process every five years by definition, that's a competitive process.

O

um The process is underway right now and it is competitive, and my hope is that the newly.

O

Constituted audit committee will go through the process. Remember we didn't just decide.

O

To go with the same auditor, as has been stated, we decided to extend that order to melon since.

O

Term of service with us, just one year audits, are always awarded on a three-year.

O

Basis minimum that's the best practice, so we gave ourselves a one-year little window.

O

If we put this policy in place, we'll go forward.

O

First, with a competitive bidding process this year, which the audit committee.

O

Will weigh and rank the two firms and make a recommendation there'll be a three-year contract.

O

And then over time we will put the cities out to bid that's what this policy would do.

O

um But it's it's a belt and suspenders policy. If we only get one bidder.

O

We're going to require that that firm, rotate their principles, the team, uh the lead auditor and the.

O

Partner involved, all three have to rotate and councilor cook did her homework on desk.

O

Auditing practices, uh public and private and came up with that recommendation, so I would support it.

B

All right, so um any other comment. We don't have a motion yet on the floor. um You know one thing.

B

That would pop into mind is that we might want the audit committee to look at this since.

B

You know they're in the process of producing an rfp um and to weigh in on this. This is you know.

B

Obviously, I think we've been as clear as we we can that we're doing a lot of work to to bring.

B

The the best firm to to portsmouth in terms of doing the audit- that's not a doubt. It's.

B

Approaching it five percent of my total time on two councils, talking about an audit committee for.

B

One that you know was um the uh yeah, for um you know. Sometimes it seems um the uh what gets lost.

B

Is that we have an independent, firm uh who's, just been doing it for a long time as they've.

B

Been doing it with other cities for a really long time, but we're going to fix that uh if, if there's.

B

A better firm, that's presented, so um I guess I would be. I would be worried about you know. I.

B

Understand the desire of the governance committee and counselor cook for stating that we're going to.

B

Have a policy that states under no sir, you know without equivocation that we will have a time of.

B

Which we would have to change out an audit firm, but I'd worry about the timing of this right now.

B

um And you know, I guess would want to see what the audit committee would say about.

B

um This firm or this this policy, since this would be affecting their their their.

B

Ability to to select a firm, but we don't have a motion so you're. Looking for a motion to.

E

Recommend that this policy be reviewed by the audit community and report back to city council.

G

So moved second: is there a discussion, councilor begley yeah? Thank you honor. um I I think this.

K

Motion um as it stands tonight really belongs to the city council. um We have 25 years of using the.

K

Same auditor, and not a word, was mentioned by anyone. As far as I know, nobody on any of the.

K

Previous councils, nobody in the newspaper suddenly in year 26 it's a huge huge problem over those 25.

K

Years, if you take a little journey back in time, uh portsmouth was in a depressed economic state.

K

Our bond rating was close to junk status for the last 11 years. We've had a aaa bond rating.

K

Which is the highest rating? uh Banks don't hand that out like candy, we have a aaa bond rating. We.

K

Have a highly desirable city that property prices would tell you that just about everybody wants to.

K

Live in, we have excellent city, government and stewardship of the city. I think that.

K

Speaks to the integrity of our city, government more than uh you know, quotes about an audit or.

K

An audit committee can do, I think melanson has done a tremendous job, as was pointed out.

K

Municipal audits, in the state of new hampshire for government such as ours, there aren't a lot of them.

K

It's not a lucrative industry to be in because it's highly specialized and you're limited to a.

K

Very small number of potential customers, so it's not like we're a private corporation and we have.

K

You know four huge firms that we can choose from and rotate from every year. You know we it's highly.

K

Conceivable that we will put this out to bid over the next 25 years and many times only get.

K

One uh response, or or only get, two responses, so I I think the policy has written accounts for that.

K

uh Potential eventuality, yet it also is written in such a way that we don't have this 25-year.

K

Gap without anybody realizing what's happening, but I do want to reiterate. I think the reason.

K

We had a not the same audit company, not the same auditor, but the same audit company for 25 years.

K

Isn't because uh something was going wrong, it was because things were going so well in this city.

K

That it never even occurred to anybody to ask we've gone from a place where our government.

K

Couldn't afford to keep the schools open to plow the roads to fill the potholes? uh To being you.

K

Know one of the premier cities in the country and that doesn't happen by accident that happens by.

K

Citizen engagement and good management and staff councilor begley any other comments.

O

I agree that with counselor bagley, that this is a council decision.

O

We couldn't get input if we'd like from the audit committee, but I would.

O

Support it as a council policy, even if uh the current audit committee.

O

Decides to criticize it.

B

uh Councilor cook, thank you mayor. um I wanted to be uh clear about this auditor.

L

Rotation policy that this is a change in the sense that none of these things are specified.

L

Currently, anywhere in our policies and one of the things that the auditing committee audit.

L

Committee had wanted was a guarantee that we were going to go out for rfp on a regular basis.

L

um And this also clarifies that that principal auditor changes, which is also something that.

L

The audit committee had wanted clarification on. In fact, there were lots of questions around how often.

L

um In sitting on the audit committee, how often does the principal auditor change? How often do you.

L

Change the engagement team. How often does the the back office change and so, if we're really clear.

L

With the audit committee that this is the policy, and frankly this is the policy, our current firm.

L

Is practicing um that in future we don't even need to ask those questions, because that's the.

L

Policy, that's the policy that goes out as part of the rfp. There's no question when people are.

L

Bidding on the contract that they understand the policy um and that's why I asked to address it.

L

Here tonight and the governance committee put it forward to address it here tonight. I don't.

L

Know that there's much value added in going to the audit committee because they would want to.

L

Clarify these things: they want to specify these things. They would not want to eliminate their.

L

Role, essentially in reviewing by saying you have to change audit firms every five.

L

Years or anything, they wouldn't want to go any further, because it would eliminate their role.

B

Well, um I I guess, uh since I kind of asked and that's more was kind enough to provide a sample.

B

Motion I mean, I think, that it's important to. uh I can't assume that I know what the audit.

B

Committee thinks uh on this: um I look for the uh the feedback uh from the audit committee um on.

B

uh A policy that would affect uh the selecting of the audit uh it's our decision to make, but I.

B

Don't think uh having uh input uh on that, nor do I think that um you know it's. I think it's clear.

B

That we uh we want to understand, uh or we want to uh to clarify that the turnover and change is.

B

Good, whether or not that's firm or the individuals, but I don't see the uh the harm in um and asking.

B

For uh the input and feedback of those that are serving on the audit committee, but certainly do.

B

Not feel balanced to take that feedback or concern. As you know, you know I, my daughter.

B

Takes very little of my feedback or concern, um but the uh I think you know from my position.

B

It's important, we have a, we have a committee that is designed uh to make recommendation to the city.

B

Council on audits and rfps and and auditing firms, and would like to hear uh what they have to say.

B

On this but uh councilmani yeah, I mayor, I would agree with you that I think it's probably a good.

N

um Thing to bring this to the audit committee um and let them weigh in on it and.

N

In a more formal way, rather than in public comment, so maybe give us a written response.

B

All right with that, I'm sensing a roll call vote um kelly. Would you mind taking the the role on.

B

Whether or not to refer it or report back from the audit committee certainly system mayor kelly, yes,.

D

Councilor tabor, yes, councilor denton; yes, council moreau; yes, council, bagley, no council lombardi; yes,.

N

Council blaylock, yes, council cook, no me and mclachlan yes, motion passes seven to two all.

B

Right, thank you for bringing that policy um next up, councilor blaylock! Thank you. Honor! I'm excited.

D

To give an update on the skateboard park, uh the committee's been working very hard. I just want to.

D

Mention we are still accepting donations for the lights. Yeah. We've got a little ways to go there so.

D

um Yeah, don't hesitate um so far. Our intent is to have the skateboard park out for bid by winter.

D

Early spring, that all depends on permitting and working with department of environmental.

D

um The des um we, the original design, did come back a little higher price tag than the the money.

D

We allocated for the skate park. As you know, this was all started with a the 2 million 2.2 million.

D

Skate park, the design with the pump track and the skate park included would now bring us to a.

D

Price tag of 3.7 million. If we did the design it was last presented in front of the city council.

D

We have decided that the pump track can be moved to a phased out portion, so we can keep.

D

It under the the price tag. We believe that we can still build a honestly, a world-class skatepark. I.

D

Think it's going to be a huge destination. um It's going to be bigger, skate park than.

D

The surrounding communities, but I truly think this- the skate community is going to be a gem.

D

But we are keeping the same price tag and we're hopeful to break ground for summer construction.

D

And be done by around this time next year, but keep those donations coming in for the lights.

D

So I'll be wearing my skatepark pin until this is completed, so thank you yeah. They were that I am.

D

Putting all effort forward, it's definitely noted any uh any comments on on the skate park. Just.

B

Hell of a job um and appreciate the uh the willingness to work within budgets, uh that's.

B

Difficult and having no loss of enthusiasm around that delivering if it was reported in the herald.

B

um You know the the project. uh A lot of folks are really excited, including myself and my don't talk.

B

About her much but aurelia is always about my six year old, but my daughter really is going.

B

To be the skater, probably so look forward to getting her out there thanks council.

B

um All right next up approval of grants and donations. We have an approval of donation.

B

For memorial bench or memorial park bench in the south mill pond dog park in honor of joshua fogle.

B

In the amount of 23, uh 100 or 2 350 I'd wait a motion to approve and accept the donation from.

B

Maggie fogle for a bench in memory of joshua fogle, as presented so moved. Second, all in favor.

B

Aye any opposed uh next up is a donation to the portsmouth police explorers program.

B

From the barrington firemen association in the amount of 240 dollars and awaited.

B

Motion to approve and accept the donation is presented so moved. Second, all in favor, aye.

B

Approve of the violence against women act va uh wa grant from the new hampshire department.

B

Of justice of the victim, witness advocate position includes a cash match contribution.

B

Twenty five thousand twenty five dollars uh sample motion moved to approve and accept the.

B

Grant for the police department is presented again all in favor. All right. Can you post.

B

And then, finally, the approval of the office of highway safety grant for the new hampshire.

B

Department of safety, which includes 13 different highway safety initiatives, includes a 20 match.

B

For 53 510.66 sample motion move to approve and accept the grant for the police department is.

B

Presented so moved second, um any discussion, I believe the office and highway safety grant.

K

Approve, not the police department, uh the office of the highway safety grant? Okay, um how I thought I.

B

Read it but approval of the office of the highway safety grant from the new hampshire department of.

B

Safety, which includes 13 different highway safety initiatives, includes a 20 match. Oh you're, looking.

B

For yes, I read that right off there move to approve and accept the grant uh for the hmm you.

B

Just added police department: no, no, because it's in there in the sample motion. So I'm reading the move.

B

To approve and accept the grant for the hmm okay uh who's accepting this move to well, why don't we.

B

Just leave it has moved to approve and accept the grant as presented yes, so much all in favor, aye.

B

I honestly had no idea what you're talking about until I got back to that point. Oh, I don't have.

K

The sample motion on my yeah- oh yeah, yeah, guys you know for reading at home. I get some sample.

B

Motions here, so uh I don't come up with all that on my own, so uh city manager, we have some.

B

Informational items we do uh first up. Your honor is the standing verbal update on the status of.

M

The back entire redevelopment effort and, as has been reported, we the group, continues to meet as.

M

An entire group every tuesday and there are there- are sub groups within the the larger group moving.

M

To advance all parts of the effort- and we are still along uh following along the time frame that.

M

Was presented to council, we are supposed to have a check in with the gsa in the national park service.

M

It was originally set for october 14th and at the request of the gsa, it is being moved out a week to.

M

The 21st that is to accommodate their scheduling and the only other update that it would be worth.

M

Noting is that, this time our legal department has reviewed has received and is starting to review a.

M

Draft development agreement that will be a large part of what we bring to the council as part of.

M

The proposal that would be submitted to the national park service, so that is the latest.

M

Update, if you will, since the last time we brought an update to the council and as.

M

Always we'll bring updates regularly. The second information item relates to a report back on the.

M

Demolition ordinance from the demolition review committee, which consisted of the committee itself.

M

The historic district committee and the planning board working together and in your packet is a.

M

Very comprehensive memo from planning director, zent and principal planner. In fact now who've.

M

Been working alongside assistant city attorney, trevor mccourt who's here and our chief building.

M

Inspector shanti wolf, so the memo outlines a summary of recommendations that could be followed.

M

So we would look for the direction of the council from from here. The council is, could certainly.

M

Direct staff to prepare draft amendments, we work very well interdepartmentally. It would be a group.

M

Effort among planning legal and inspections, we could bring those draft recommendations back.

M

To this group we could bring them to governance. I know governance has a lot on its plate, so we would.

M

Endeavor to take up that work and move it forward, as you saw fit and uh assistant city attorney,.

M

Mccourt is here with any questions on behalf of the staff, any discussion or questions on the draft.

B

uh Ordinance or this is not ordinance- uh draft uh demolition.

B

uh Ordinance yeah counselor lombardi yeah. Well, I first say that this is an important um piece.

N

uh The potential of losing the character in our various neighborhoods, um with the demolition of.

N

Older homes I mean we have historic houses outside of the historic district and.

N

So um the there is nothing that we can do that can stop the demolition outside of the.

N

Historic district, but we can delay it and maybe convince people that it's not the best thing to do.

N

um The only way that we can do that is through.

N

um An appeal to the state and for legislation that allows our city to protect the.

N

um Character and nature of the building stock in the neighborhood. I don't see that coming so.

N

I think this is this is at least a step in the right direction.

N

um But it will always be inadequate. It'll just delay.

N

um And maybe save some good buildings but councilman I'm wondering if I can ask.

E

Assistant attorney in court on, I know because I was part of this original discussion some time ago.

E

When we had put a possibility to allow the demolition review committee to request advisory.

E

Opinions from historic district commission regarding historical, cultural and artificial.

E

Architectural significance of a structure- I can't remember if you guys, have actually.

E

I don't know if you got any feedback, I didn't see it in here as far as feedback from the htcs.

E

To their opinion on doing that, because I know they have a very full plate and that it might.

E

Be too much for them, so I was just curious as to how, if that discussion had happened,.

H

um They incorporated all of the recommendations that came from the demolition review committee. I don't believe they spoke specifically to that point.

E

And um sorry, can I keep going. I I per less of a question but more a comment. I mean.

E

I agree with a lot of these aspects that were originally from the review committee.

E

um I don't agree to increasing the demolition period to 180 days, but I do love the idea that.

E

We actually talked about it planning board, which was to start the 90-day time period.

E

At the day of the public hearing versus at the day of notice, because it does take a while for.

E

Us to be able to actually get a meeting actually scheduled, so it makes it longer without actually.

E

Making it longer by by an amount just really to to be able to get a meeting scheduled so.

E

um I would personally like to see us actually get a draft ordinance back with.

E

um The things that we can legally actually change in the ordinance that are here.

E

That's just my two cents coming as a lawyer. You know the things that we can legally do seems like.

B

Good stuff, I'm not sure all of it's legal stuff, counselor tabor, uh I I agree with counselor moreau.

O

um Because I took a look at demolition committees around the seacoast um and.

O

180 days would be a real outlier, so my question would be: would that stand up.

O

Legally, would a property owner say at some point this is a taking um or, and would we be on solid.

O

Legal ground uh exeter's 90 days, concords 30, to 40 days depending on the notifications. Rye is 49 days.

O

So I'd be interested in what's legally the longest, we could delay a project.

O

um Because councilor lombardi's right there's no enabling legislation for this.

O

um And I'm also curious how this would be integrated into.

O

The building code I mean, doesn't the committee have to exist by ordinance.

H

um Thank you councilor uh to answer your first question about how long would be would stand up.

H

In a court of law, um I would say that the process that is contemplated here by this ordinance is a.

H

Cooperative one, which provides an opportunity for the public to weigh in and provide some some input.

H

Back to the uh you know, some developer or somebody who's trying to demolish a building. I don't know.

H

That there's going to be some magic number that says: okay, this is going to stand up in court and.

H

This isn't it's more about encouraging a developer to to work with the process um and work with the.

H

Community to try and see if we can preserve a home that is historic or or identify that.

H

A home just certainly is not historic, and would you mind repeating your second question? I'm sorry.

O

There was a recommendation that this be put into the building code. Yes, um and how would how would.

O

A committee exist as part of the building code, as opposed to by ordinance. Well, the.

H

City uh is able to amend the building code by ordinance, so would still be an ordinance even.

H

Though it's part of the city's building code and um a potential source of authority that.

H

Has been identified by that, I I identified was um that there's a demolition permit, which is.

H

Which comes in through the the building code, so it could. This could fall under that authority.

B

uh Councilor blaylock and counselor cook. Thank you. um I think there was some concern from the.

D

Historic district commission about if the date wasn't started from notice, because I.

D

Know there'd be a delay in noticing the meeting then scheduling the meeting and then, if you did.

D

All the math, I think at the end you end up with like seven days or something to look at a property.

D

um So I think there was some concern to the acc. Obviously I want to don't want to.

D

Do anything illegal? I want to follow the law, but um I know that was that came up.

L

Councilor cook, um I think it's really important to remember when we're looking at this, that.

L

Part of the intent here was to preserve historic stock. That's outside of the hdc's purview within.

L

The city that's outside of the historic district, and um I really I'm I'm happy with what's coming.

L

Forward and the recommendations coming forward, and I would like to see more work done on this.

L

But at the same time, when we're concerned about historic properties outside of the historic.

L

District being demolished, we have to consider the alternative it. The alternative is expanding. The.

L

Historic district to protect those properties, and that's really the the only thing you can do in new.

L

Hampshire law at the moment to protect those properties from demolition is having reviewed.

L

By the historic district commission, that is a double-edged sword, a lot of people who live in.

L

Historic neighborhoods, who are outside of the historic district, don't want to be part of it.

L

So they take on risk there that a neighbor that somebody will buy the house next door.

L

Tear it down and build the maximum size structure allowable within that zoning.

L

And that happens that happens in cities across the country where old houses are torn down and.

L

People build the largest house, they possibly can build that is allowable in that space.

L

um But we also have to think about housing in the long term and what.

L

We need for housing stock in the city and allowing development that increases housing.

L

So there's a huge balance here. I don't know that a demolition commission committee is ever going.

L

To solve the problem of saving historic homes and buildings outside of the historic district.

L

But there are a lot of factors that we would have to weigh.

L

When talking about saving those historic homes and and no one wins in some cases,.

B

Thank you, council, councilor, lombardi and then back to counselor, bagley um yeah there's another.

N

Piece of this that isn't mentioned, but is a, is also a problem and that that's the.

N

um Thought of demolition by neglect, um and that is happening around the city in uh various places.

N

um I don't know how to address that, and I don't know legally a neglected property.

N

um Is there any recourse that the city has for that.

H

Not as currently constructed under our under ordinances, no, we don't.

H

Have a property maintenance code, for example,.

K

Counselor bagley yeah. Thank you honor. um I would have a difficult time supporting this if it was.

K

Any more than the 90 days- um one- I don't see in here the enabling legislation that would allow us.

K

To do it, I do understand the intent and the desire to save historic buildings such as what was done.

K

With kerry cottage through councilor, monroe's work and others, however, I stand that up against.

K

The the rights of the property owner, you know I I specifically chose to buy my house outside.

K

The htc, my next door, neighbor and the people that live across the street from me are in it, um as as.

K

An american and in the live free or die state. I think we need to be careful about telling people.

K

What they can and can't do with their property and- and I feel like this- crosses that line.

B

Thank you, councilor bagley, any other thoughts. Is there a motion on the floor.

E

I don't think so. I think I alluded to what I would like to see as emotional. That's my.

B

Fault, you can't talk as much as we just talked about emotion, all right.

B

I would like to make a motion that we request that the city's staff review the recommendations.

E

That have been brought forward into draft a new ordinance that is legally sufficient and.

E

What they recommend to us, I said you know, we talked about being in the building code.

E

So it has a little bit more teeth as far as much you know, background support.

E

um I agree with the 90 days. I agree at the start of the 90 days. Maybe could be what.

E

Could be adjusted so that it gives us time, because sometimes it could take 30 days just to schedule.

E

The first hearing so I'd say: let's: let's look at that and um yeah. Let's take all of the information.

E

Here and try to meld it into a draft that we can approve. Second, there's a long lotion. I know.

B

uh Any other discussion I'd look for uh this report back, I think it's it's alluded. There's.

B

No enabling legislation other than increasing the hdc. You know, I don't even think the folks.

B

In the hdc want the htc increased already overworked, um you know, and you know there.

B

Are there are private property rights um you know and uh to be able to do with what you uh you know.

B

You purchase a property with the designs to do that. Thank you. Attorney mccourt, there's also.

B

um You know people want to feel a process, and I think that if we have a process that you know.

B

Hopefully incentivizes communication between the property owner- and you know those that are you.

B

Know looking to explain you know the significance of this property to that property owner that might.

B

Not otherwise know that might realize there is more to uh to be gained by preserving a structure.

B

That is a part of the fabric of portsmouth and we need to find a time. That's going to.

B

To do this, I don't look at this as a way that we are going to somehow be able to withhold the.

B

Right to do something and and bleed the the person out of money or desire to to do that.

B

um You know, I don't think that would be legal and um it would likely uh just increase the cost.

B

Of housing and the perception that portsmouth is a tough place to to uh to to to work on on.

B

Your home, something that I I'm I'm really happy with their inspector. Making such great efforts to.

B

To reduce that uh stigma and get people to know that they can work through the department.

B

um But this, hopefully, is collaborative uh in this process. You know where we can uh hear.

B

About a building um and the the property owner can hear uh from their uh there would be neighbors. So.

B

Seems like a reasonable uh path forward and support this, so all in favor, aye aye any opposed.

B

All right we've made it to miscellaneous. I can jump the line, uh as you will recall the the.

M

Deadline for citizen input for cip request was this. Past friday we had a record 102 requests.

M

Submitted, 67 of which appear to be unique, discrete requests, as you can imagine, there's some overlap.

M

So what we're going to do is suggest some sort of um responsive, accessible conversation that.

M

The council could have to find a meaningful way to include those into the cip process.

M

um So we'll come back to you with that, but I just want to give you those those good statistics.

M

Because they just came into it, we will find we asked for it. I was really hoping we would get.

E

A chance for engagement, um and then you know, for the projects that aren't going to be. uh You know.

B

Prioritized for this year, I hope folks continue to ask for and learn to advocate uh for projects.

B

uh All right, counselor bagley. I think I actually have two miscellaneous items. um The first one.

K

I think uh you know there's been a lot of talk in the community about hate speech and tonight.

K

There was a symposium in kittery that involved the portsmouth police department, the kittery police.

K

Department berwick police department, as well as several other sea coast police departments on.

K

You know how this can be addressed. What you can do um you know just to deal with this issue in.

K

Our community and and I want to be clear because it hasn't always been clear when people have come.

K

Up here to speak, um you know, as as city councilors, uh for the most part, we tried to stay non-partisan.

K

And when we're talking about hate speech at least me personally, we're not talking about trump or.

K

Obama or biden, or things like that, we're talking about these uh white supremacist groups, primarily.

K

That have been posting uh stickers and and distributing pamphlets um throughout the city.

K

I don't want to you know, there's there's partisan politics and then there's stuff. That's really.

K

Egregious and I think the these pamphlets and stickers that have been put up are really.

K

Egregious and I think that's what it was addressed tonight in kittery at the community center, there.

K

Will be another event online on thursday from six to eight and if you go to the portsmouth.

K

New hampshire police department, facebook page, you can see the link to sign up for that. So I wanted.

K

To just uh call attention to that, the second thing um and the rest of the parking traffic and safety.

K

Committee probably won't be excited on enhancing this, but um at the meeting this thursday at 8 30.

K

A.M, we are going to discuss potential changes to the neighborhood parking program. That's happening.

K

Currently um in islington creek area um and I've received a number of emails already from.

K

The best thing ever rather in different do the worst thing ever so your input is is going to.

K

Be helpful because the input has been all over the place. There is definitely not a consensus.

K

For what I can see, so if you um have strong opinions about the neighborhood parking program.

K

Please send us an email or come to speak at that meeting. You can come in person or speak via zoom.

K

Thank you, councilor bagley, councilor tabor, who we're getting all miscellaneous just to uh request.

O

I spoke with as the community campus has come up in conversation uh last meeting in this meeting.

O

um I spoke to somebody who was the architect with the architecture firm for that site.

O

And they said the public really needs to know how much of that is wetlands. How much is not buildable.

O

To see the buildable parcels, um and so if we could requests would be if.

O

The web page for that could have an updated map of the whole 36 acres.

O

Because I think that would be helpful for us as counselors and for the public.

B

Now there was a request for a work session at our our neighborhood uh ward, 3 meeting so.

B

Potentially, if we could modify that request for a working session at some point in the.

B

Future to discuss that and then put those uh it was uh those maps online uh to review that.

B

I think that'd be something I can support very easily great. Is there a second to that? Second.

B

Concert um I I was going to add if we schedule a work session, this might be an opportunity to.

L

Also schedule a public dialogue session. Oh yeah, discuss that. Let's do that plenty of.

B

Place to spread us out within the community campus have a public dialogue session. Okay,.

B

So public, what dialogue a work session at a time in the future.

B

We won't pick a date uh right now, but it's the motion and seconded all in favor aye.

B

Let's see well, um I would simply like to call out uh attorney. Morrow has done a.

B

Fantastic job here tonight, um thank you first night up on the deus small plus.

B

B

Good job- and uh you know here's to the next 40 years. Second, all in favor, good night portsmouth.